BILL NUMBER: AB 2876	CHAPTERED  07/10/00

	CHAPTER   108
	FILED WITH SECRETARY OF STATE   JULY 10, 2000
	APPROVED BY GOVERNOR   JULY 7, 2000
	PASSED THE ASSEMBLY   JUNE 22, 2000
	PASSED THE SENATE   JUNE 15, 2000
	AMENDED IN SENATE   JUNE 15, 2000
	AMENDED IN ASSEMBLY   MAY 25, 2000

INTRODUCED BY   Assembly Member Aroner
   (Coauthor:  Assembly Members Alquist, Cedillo, Davis, Gallegos,
Hertzberg, Honda, Kuehl, Longville, Romero, Shelley, Steinberg,
Strom-Martin, Villaraigosa, Washington, Wiggins, and Wildman)
   (Coauthors:  Senators Alarcon, Figueroa, Perata, Solis, Soto, and
Vasconcellos)

                        MARCH 6, 2000

   An act to add Section 69541 to the Education Code, to add Section
17703 to the Family Code, to amend Sections 1091.2 and 11019 of, and
to add Section 11753.1 to, the Government Code, to amend Sections
1588, 1588.3, 1588.5, 1588.7, 1596.8713, 11758.46, 11840.1, and
11970.2 of, to amend, renumber, and add Section 1589 of, and to add
Sections 11756.8 and 11871 to, the Health and Safety Code, to amend
Section 1611.5 of, to add Sections 9617 and 10201.5 to, to add
Article 2.5 (commencing with Section 10529) to Chapter 4.5 of, and to
add Chapter 7 (commencing with Section 11020) to, Part 1 of Division
3 of, the Unemployment Insurance Code, and to amend Sections 366.21,
366.22, 366.3, 903.7, 9305, 10544.1, 10609.3, 11265.2, 11363, 11367,
11372, 11461, 11462, 11463, 12301.6, 13002, 15200.05, 15204.3,
18930, 18938, 19352, 19356, and 19806 of, to add Sections 9113,
10609.6, 11374, 11375, 11465.6, 11467.2, 12306.2, 12306.3, 14021.35,
16001.7, 18918, and 19356.65 to, to add and repeal Article 3.5
(commencing with Section 18959) of Chapter 11 of Part 6 of Division 9
of, and to repeal and add Section 12306.1 of, the Welfare and
Institutions Code, relating to human services, making an
appropriation therefor, and declaring the urgency thereof, to take
effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2876, Aroner.  Health and welfare programs.
   Existing law provides for grants to certain eligible students
under the Cal Grant program.
   This bill would, to the extent funds are appropriated in the
annual Budget Act, provide for supplemental grants to eligible
recipients of Cal Grant awards who have been declared a dependent or
ward of the court, and who meet certain other eligibility
requirements.
   Existing law provides that certain state and local officers and
employees shall not be financially interested in any contract made by
them in their official capacity, or by any body or board of which
they are members.  Nor shall state, county, district, judicial
district, and city officers or employees be purchasers at any sale or
vendors at any purchase made by them in their official capacity.
   Existing law specifies that this provision does not apply to
private industry councils, except in certain circumstances.  This
bill would, instead, specify the provision shall not apply to any
contract or grant made by local workforce investment boards created
pursuant to the federal Work Force Investment Act of 1998 except in
certain circumstances.
   Existing law establishes the Foster Children and Parent Training
Fund, which shall be used exclusively for foster parent training, and
requires the State Department of Social Services to determine the
amount equivalent to the state share of collections attributable to
the enforcement of parental fiscal liability for allocation to the
fund.
   This bill would transfer that responsibility to the Department of
Child Support Services, and would revise the method of calculating
the amount of collections attributable to the enforcement of parental
fiscal liability for allocation to the fund.
   Existing law establishes the Welfare Advance Fund, for the purpose
of making payments or advances to counties or the Employment
Development Department of the state and federal shares of assistance,
child support incentive, work incentive or medical care programs, or
the cost of administration of these programs, to other states of the
federal shares of child support incentives, and for the payment of
refunds.
   This bill would establish the Child Support Services Advance Fund
in the State Treasury for the purpose of making a consolidated
payment or advance to counties, state agencies, or other governmental
entities comprised of the state and federal shares of local
assistance costs associated with programs administered by the
Department of Child Support Services.
   Under existing law, the name of the Health and Welfare Agency Data
Center was changed to the California Health and Human Services
Agency Data Center.  This bill would make a statement of intent with
respect to that name change, and with reference to other statutes.
   Existing law, the California Adult Day Health Care Act, governs
the provision of adult day health care services.
   Existing law requires the State Department of Health Services to
conduct a grants-in-aid program to assist in the establishment of new
adult day health care centers and the stabilization of existing
centers that meet specified requirements.
   This bill would also allow grants to be awarded to assist existing
adult day health care centers in expanding their operations, in
accordance with specified criteria.
   Under existing law, the grant amount available for a single
project is prohibited from exceeding $100,000.
   This bill would increase this amount to $125,000.
   Existing law requires that special consideration be given to
applicants for these grants that meet certain criteria.
   This bill would modify these criteria.  It would also modify
requirements that must be met prior to the awarding of a grant to an
applicant.
   The bill would also permit planning and development grants to be
awarded to public and private nonprofit entities that request
assistance in conducting feasibility and needs analysis, if the
applicants meet certain requirements.
   Existing law provides for the licensure and regulation of child
day care facilities by the State Department of Social Services.
Existing law requires an applicant and other specified persons to
submit fingerprints to the department and permits the department to
obtain a criminal record of these persons.  Existing law prohibits
fees from being charged between January 1, 2000, and July 1, 2000,
for the processing of fingerprints or for the obtaining of certain
criminal records of volunteers at a child care facility who are
required to be fingerprinted, and would prohibit the charging of fees
after that date if funds for those purposes are appropriated in the
annual Budget Act.
   This bill would prohibit fees from being charged between July 1,
2000, and July 1, 2001, for any costs associated with obtaining a
criminal record or for conducting a child abuse index check of
volunteers at a child care facility who are required to be
fingerprinted, and would prohibit the charging of fees after that
date if funds for those purposes are appropriated in the annual
Budget Act.
   Existing law requires the State Department of Alcohol and Drug
Programs to develop and test a comprehensive client-centered system
of care that is outcome-based and addresses the costs of substance
abuse to individuals, families, and communities.
   This bill would require the department to provide semiannual
status updates to the Legislature on its progress in implementing the
project.
   Existing law requires the State Department of Alcohol and Drug
Programs to publish procedures for contracting for drug-Medi-Cal
services with certified providers and for claiming payments and to
automate the claiming process and the process for the submission of
data required in connection with reimbursement for those services,
and defines drug-Medi-Cal services for those purposes.
   This bill would expand the definitions of drug-Medi-Cal services,
for those purposes, subject to the receipt of a state plan amendment
to obtain federal financial participation under the Medi-Cal program
and subject to the appropriation of funds.
   Existing law requires 10% of county matching funds for support of
certain alcohol abuse treatment programs and services provided by a
county of more than 100,000 population.
   This bill would provide that no county matching funds shall be
required for funding received for the purposes of funding certain
existing residential perinatal treatment programs.
   Existing law requires the county alcohol and drug administrator
and the presiding judge in the county to develop and submit a
comprehensive multiagency drug court plan for implementing
cost-effective local drug court systems for adults, juveniles, and
parents of children who are detained by, or are dependents of, the
juvenile court.
   Existing law provides that the local action plan may include
various types of drug court systems.
   This bill would include within the types of drug court systems
allowable under these provisions drug courts for parents of children
in family law cases involving custody and visitation issues.
   Existing law provides a method of allocation of money appropriated
in the Budget Act of 1999 from the Employment Training Fund for
purposes of funding the local assistance portion of funding
welfare-to-work activities under the CalWORKs program.
   This bill would extend that provision to include money
appropriated in the Budget Act of 2000.
   Existing law establishes and regulates various employment and
training services.  Existing law also provides for the regulation of
health care providers.
   This bill would establish the Caregiver Training Initiative to
develop and implement proposals designed to recruit, train, and
retain health care providers such as certified nurse assistants,
certified nurses, registered nurses, licensed vocational nurses, and
other types of nursing and direct-care staff.  Under the initiative,
contracts would be awarded to regional collaborative programs
selected through a competitive request for proposals process.  The
bill would require the Employment Development Department, in
consultation with the State Department of Social Services, to
administer regional collaborative program selection and funding and
would specify various duties of the Employment Development
Department.  The bill would establish an advisory council with a
designated membership and specified duties for purposes of the
initiative.
   This bill would establish the California Workforce and Economic
Information Program that would require the Employment Development
Department, among other things, to coordinate with specified state
agencies in developing economic and workforce information.  The bill
would also provide competitive grants to faith-based organizations
meeting certain criteria to provide services, to the extent funds are
provided in the Budget Act of 2000-01 for this purpose.
   Existing law provides for the establishment of an employment
training program and the Employment Training Panel in the Employment
Development Department.
   This bill would specify that with respect to funds appropriated in
the annual Budget Act to the Employment Development Department for
allocation by the Employment Training Panel for training of workers
in regions suffering from high unemployment and low job creation, the
Employment Training Panel may waive the minimum wage requirements
for participation in the program in certain circumstances.
   Under existing law, area agencies on aging, through funds
allocated by the California Department of Aging, contract with
entities to provide various types of local programs.
   This bill would require area agencies on aging to maintain in
effect contracts funded from appropriations made by the Budget Act of
2000 until July 1, 2004.
   Existing law provides that funds for the California Senior
Legislature will be derived from specified sources, and expresses the
intent of the Legislature that the General Fund shall not be liable
for any of the costs of the California Senior Legislature.
   This bill would eliminate this statement of Legislative intent.
   Existing law provides that if, at certain custody and parental
rights hearings relating to the termination of rights of children
adjudged to be dependent children of the court in which a
guardianship is established for the child with a relative, the
relative shall be eligible for aid under the Kin-GAP program.
   This bill would limit those provisions to situations in which the
juvenile court dependency is subsequently dismissed.
   Existing law requires that if a dependent child of the court over
which the court has dependency jurisdiction has been placed with a
relative guardian for at least 12 months, the court shall terminate
its dependency jurisdiction and retain jurisdiction over the child as
a ward of the guardianship, except upon a finding of exceptional
circumstances.
   This bill would expand that exception to include circumstances
where the guardian objects.
   Existing law provides that termination of a guardianship with a
kinship guardian shall terminate eligibility for Kin-GAP benefits,
except that if a successor guardian is appointed who is also a
kinship guardian, the successor guardian shall be entitled to receive
Kin-GAP benefits on behalf of the child.
   This bill would, instead, apply this exception to an alternate
guardian or coguardian, and would provide that a new period of 12
months of placement with the alternate guardian or coguardian shall
not be required if specified conditions have been met.
   Existing law authorizes the State Department of Social Services to
exempt children in receipt of Kin-GAP benefits from any CalWORKs
requirement that the department deems necessary, as long as the
exemption would not jeopardize federal financial participation in the
payment.
   This bill would, instead, exempt the Kin-GAP Guardianship
Assistance Payment program from the provisions of the CalWORKs
program, with certain exceptions, and would authorize recipients of
Kin-GAP benefits to request and receive independent living services
and to retain certain cash savings.  This bill, by revising the level
of benefits under the Kin-GAP program, for which a continuous
appropriation is made, would revise the amount continuously
appropriated, and would result in an appropriation.  By revising
limitations of the Kin-GAP program, this bill would result in the
addition of county responsibilities in administering the Kin-GAP
program, and would result in a state-mandated local program.
   Existing federal law provides for allocation of federal funds
through the federal Temporary Assistance for Needy Families (TANF)
block grant program to eligible states.  Existing law provides for
the California Work Opportunity and Responsibility to Kids (CalWORKs)
program for the allocation of federal funds received through the
TANF program, under which each county provides cash assistance and
other benefits to qualified low-income families.
   Existing law states the intent of the Legislature to provide
counties with a portion of the state share of savings resulting from
moving CalWORKs program recipients to employment, and contains
requirements relating to the allocation of these funds.
   This bill would revise the statement of intent to state the intent
of the Legislature regarding the use of the incentive funds, would
delete the limitation on the amount of the incentive funds counties
shall receive, subject to amounts appropriated in the annual Budget
Act, would revise the method of determining the county share of
savings, would require counties to submit a plan describing how they
would expend the incentive funds, and would require the State
Department of Social Services to evaluate the programs supported by
the county share of incentive funds.
   This bill would also specify that incentive funds shall be used to
provide nonassistance services, as defined, for any family in which
the minor child is living with a parent or adult relative caregiver
and the family's income is less than 200% of the official federal
poverty guidelines.  By expanding the scope of eligibility for the
receipt of federal TANF program funds, this bill would increase the
responsibilities of counties in the administration of aid grants of
those funds, thereby creating a state-mandated local program.
   Existing law required the State Department of Social Services to
contract with an appropriate and qualified entity to conduct an
evaluation of the adequacy of current child welfare services
budgeting methodology and to report, by January 30, 2000, to the
appropriate committees of the Legislature.
   This bill would require the department to convene a 7-member task
force, composed of specified representatives, for the purpose of
creating a plan to implement the recommendations of the evaluation.
   Existing law provides for the county-administered In-Home
Supportive Services (IHSS) program, under which qualified aged,
blind, and disabled persons are provided with services in order to
permit them to remain in their own homes and avoid
institutionalization.
   Existing law permits services to be provided under the IHSS
program either through the employment of individual providers, a
contract between the county and an entity for the provision of
services, the creation by the county of a public authority, or a
contract between the county and a nonprofit consortium.
   This bill would establish a formula with regard to provider wages
or benefits increases negotiated or agreed to by a public authority
or nonprofit consortium, and would specify the percentages required
to be paid by the state and counties with regard to the nonfederal
share of any increases.
   Existing law requires the State Department of Social Services to
conduct a comprehensive evaluation of the Independent Living Program
established pursuant to federal law and requires that the department
permit, with the approval of the federal government, all eligible
children to be served by the program up to the age of 21 years.
   This bill would require the department to develop and implement a
stipend for youths who are eligible for the program and have been
emancipated from foster care, and would specify that the state shall
pay 100% of the costs of the stipend allowance, subject to the
availability of funding.
   Existing law authorizes, for a specified period, Los Angeles
County and up to 8 other counties to conduct an annual public
assistance eligibility redetermination with a face-to-face interview
with the recipient and make the redetermination according to
specified guidelines.
   This bill would revise the period of that authorization.
   Existing law requires the State Department of Social Services to
seek any federal funds available for the Kin-GAP program.
   This bill would limit that requirement to specify that seeking
certain federal funds shall not be done if it would be detrimental to
the General Fund.
   Existing law establishes a schedule of payments for licensed or
approved family home foster care providers and foster family agencies
for the provision of foster care to eligible children, and
continuously appropriates funds for that purpose.
   This bill would increase the rate of reimbursement of those
providers and would require the payment of a supplemental clothing
allowance under those provisions, and would extend, for 1 year,
limitations on the rate paid to those providers for program changes.

   Existing law continuously appropriates funds from the General Fund
for allocation to counties for the provision of foster care benefits
under the AFDC-FC program.
   This bill, by requiring an increase in the rates for children
receiving foster care benefits, would increase the level of funding
through the continuous appropriation, and would result in an
appropriation.  To the extent this bill would increase the level of
responsibilities of the counties in providing foster care benefits,
this bill would result in a state mandated local program.
   Existing law requires that, on or after July 1, 1999, the schedule
of payment rates and rate calculation components for foster family
agencies shall be adjusted by an amount equal to the California
Necessities Index.
   This bill would limit that rate adjustment to the availability of
funds.
   Existing law provides that for the 1998-99 and 1999-2000 fiscal
years foster care group home reimbursement rates shall not increase
as the result of a program change except under specified conditions.

   This bill would extend these requirements to the 2000-01 fiscal
year.
   This bill would also require the State Department of Social
Services to contract with an independent evaluator to conduct a study
of alternative group home funding mechanisms and to propose a
funding system for the care and supervision of children placed in
group home care.  It would require the department to provide the
Legislature with a copy of the final report of the evaluator on or
before October 1, 2001.
   The bill would also require the department, subject to the
availability of funds, to contract with the California Youth
Connection to provide technical assistance and outreach to current
and former foster youth.
   The bill would also require the department to establish a program
in up to 5 consenting counties under which licensed family homes and
relative caregivers would be provided with reimbursement for the cost
of licensed child care for each foster child under 13 years of age,
if any of specified conditions are met.
   Existing law provides a schedule for the allocation of federal
block grant funds for certain social service and health care
programs, and specifies that the allocations shall include funding
for the In-Home Support Services (IHSS) program services component,
child welfare services, protective services and foster care services
for adults, and in-home supportive services administration.
   This bill would eliminate the IHSS program services component from
the allocation schedule would revise the methodology of
reimbursement of public authorities and nonprofit consortiums, and
would require the department to evaluate options for providing health
care benefits for IHSS providers.
   Existing law requires the State Department of Health Services, in
conjunction with the Managed Risk Medical Insurance Board, to develop
and implement a community outreach and education campaign to help
families learn about, and apply for, the Medi-Cal program and the
Healthy Families Program.
   This bill would require the State Department of Social Services,
in conjunction with the State Department of Health Services to
develop and submit to the Legislature a community outreach and
educational program to help families learn about, and apply for, the
federal Food Stamp Program and the California Food Assistance
Program, to submit the plan to the United States Department of
Agriculture, and to request federal funding for the implementation of
the program.
   Existing law provides that federal block grant funds received for
the TANF program shall be deposited in, and shall be administered
through, the Temporary Assistance for Needy Families Fund in the
State Treasury, for use, upon authorization by the Director of
Finance.  Special accounts may be established within this fund, for
use in accounting for any federal Temporary Assistance for Needy
Families block grant funds received from the federal government after
August 22, 1996.
   This bill would make the deposit and administration of those funds
through the fund discretionary, and would provide that a fund
condition statement for the federal block grant received for the
Temporary Assistance for Needy Families program shall be provided to
the Department of Finance with estimates required to be submitted by
the State Department of Social Services to the Department of Finance
on assumptions underlying estimates on various aid programs, whether
or not the Temporary Assistance for Needy Families Fund is used for
the deposit and administration of those moneys.
   Existing law expresses the intent of the Legislature that the
annual Budget Act appropriate state and federal funds in a single
allocation to the counties for the support of administrative
activities undertaken by the counties to provide benefit payments to
CalWORKs recipients and to provide required work activities and
supportive services in order to efficiently and effectively carry out
the purposes of that program.
   This bill would express the intent of the Legislature that, for
purposes of this provision, limited-term housing assistance be
considered as part of the cost-based allocation methodology, where
appropriate.
   Under existing law, the Office of Child Abuse Prevention in the
State Department of Social Services administers various child abuse
programs.
   This bill would establish, under the administration of that
office, a Juvenile Crime Prevention Program, which would consist of
up to 16 sites throughout the state, with programs to be selected by
the office pursuant to a competitive process.
   Existing law requires the State Department of Social Services to
establish programs to provide food assistance and cash assistance for
noncitizens who, due to their immigration status, are not eligible
for federal food stamps and for SSI/SSP benefits, and specifies that
an applicant who is otherwise eligible for the program but entered
the United States after August 22, 1996, and who is not otherwise
exempt, shall be eligible for assistance for the period beginning on
October 1, 1999, and ending September 30, 2000.
   This bill would revise the termination date of that period of
eligibility.
   Existing law provides for the establishment of rates for
work-activity program services for certain developmentally disabled
persons.
   This bill would revise the method of calculating those rates.
   Under existing law, a $27.50 hourly rate has been established for
the fiscal year for supported employment services, except that this
rate is required to be reduced by the percentage necessary to ensure
that projected total General Fund expenditures and reimbursements for
habilitation services and vocational rehabilitation supported
employment services do not exceed the General Fund and reimbursement
appropriations for these services in the Budget Act of 1999.
   This bill would, effective July 1, 2000, and subject to the
reduction requirement, increase this hourly rate.
   The bill would also increase rates to pay for wage and benefit
increases for direct service professionals, as defined, with a work
activity program.
   Existing law requires the Department of Rehabilitation to provide
assistance and funding to independent living centers for individuals
with disabilities.
   This bill would provide a formula for the allocation of funds
appropriated by the Legislature for the purpose of providing
assistive technology services, and would require that the nonprofit
provider provide certain services and assistance to independent
living centers' assistive technology services programs.
   To the extent this bill would expand the responsibilities of
counties, this bill would result in a state-mandated local program.
   Existing law provides for the allocation of funds to area agencies
on aging for the provision of benefits to seniors.
   This bill would revise the formula for the allocation of funds
through the Budget Act of 2000.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
  This bill would declare that it is to take effect immediately as an
urgency statute.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 69541 is added to the Education Code, to read:

   69541.  (a) The Student Aid Commission, to the extent funds are
appropriated for the purposes of this section in the annual Budget
Act, shall provide a supplemental grant equal to two thousand eight
hundred dollars ($2,800) to recipients of Cal Grant awards who
fulfill the following requirements:
   (1) The person has been declared a dependent or ward of the court
pursuant to Section 300 or Section 602 of the Welfare and
Institutions Code.
   (2) The person, within the 60-day period immediately prior to his
or her 18th birthday, had a permanent plan of long-term foster care
or guardianship.
   (3) The person received aid pursuant to Part 3 (commencing with
Section 11000) of Division 9 of the Welfare and Institutions Code.
   (b) The State Department of Social Services shall enter into an
interagency agreement with the Student Aid Commission to allocate
funds to the commission appropriated in the Budget Act for the
purposes of this section.
  SEC. 2.  Section 17703 is added to the Family Code, to read:
   17703.  (a) A revolving fund in the State Treasury is hereby
created to be known as the Child Support Services Advance Fund.  All
moneys deposited into the fund are for the purpose of making a
consolidated payment or advance to counties, state agencies, or other
governmental entities, comprised of the state and federal share of
costs associated with the programs administered by the Department of
Child Support Services, inclusive of the payment of refunds.  In
addition, the fund may be used for the purpose of making a
consolidated payment to any payee, comprised of the state and federal
shares of local assistance costs associated with the programs
administered by the Department of Child Support Services.
   (b) Payments or advances of funds to counties, state agencies, or
other governmental agencies and other payees doing business with the
state that are properly chargeable to appropriations or other funds
in the State Treasury, may be made by a Controller's warrant drawn
against the Child Support Services Advance Fund.  For every warrant
so issued, a remittance advice shall be issued by the Department of
Child Support Services to identify the purposes and amounts for which
it was drawn.
   (c) The amounts to be transferred to the Child Support Services
Advance Fund at any time shall be determined by the department, and,
upon order of the Controller, shall be transferred from the funds and
appropriations otherwise properly chargeable.
   (d) Refunds of amounts disbursed from the Child Support Services
Advance Fund shall, on order of the Controller, be deposited in the
Child Support Services Advance Fund, and, on order of the Controller,
shall be transferred therefrom to the funds and appropriations from
which those amounts were originally derived.  Claims for amounts
erroneously deposited into the Child Support Services Advance Fund
shall be submitted by the department to the Controller who, if he or
she approves the claims, shall draw a warrant in payment thereof
against the Child Support Services Advance Fund.
   (e) All amounts increasing the cash balance in the Child Support
Services Advance Fund, that were derived from the cancellation of
warrants issued therefrom, shall, on order of the Controller, be
transferred to the appropriations from which the amounts were
originally derived.
  SEC. 3.  Section 1091.2 of the Government Code is amended to read:

   1091.2.  Section 1090 shall not apply to any contract or grant
made by  local workforce investment boards created pursuant to the
federal Workforce Investment Act of 1998 except where both of the
following conditions are met:
   (a) The contract or grant directly relates to services to be
provided by any member of a local workforce investment board or the
entity the member represents or financially benefits the member or
the entity he or she represents.
   (b) The member fails to recuse himself or herself from making,
participating in making, or in any way attempting to use his or her
official position to influence a decision on the grant or grants.
  SEC. 4.  Section 11019 of the Government Code is amended to read:
   11019.  (a) Any department or authority specified in subdivision
(b) may, upon determining that an advance payment is essential for
the effective implementation of a program within the provisions of
this section, and to the extent funds are available, advance to a
community-based private nonprofit agency with which it has
contracted, pursuant to federal law and related state law, for the
delivery of services, not to exceed 25 percent of the annual
allocation to be made pursuant to the contract and those laws, during
the fiscal year to the private nonprofit agency.  Advances in excess
of 25 percent may be made on contracts financed by a federal program
when the advances are not prohibited by federal guidelines.  Advance
payments may be provided for services to be performed under any
contract with a total annual contract amount of four hundred thousand
dollars ($400,000) or less.  This amount shall be increased by 5
percent, as determined by the Department of Finance, for each year
commencing with 1989.  Advance payments may also be made with respect
to any contract which the Department of Finance determines has been
entered into with any community-based private nonprofit agency with
modest reserves and potential cash-flow problems.  No advance payment
shall be granted if the total annual contract exceeds four hundred
thousand dollars ($400,000), without the prior approval of the
Department of Finance.
   The specific departments and authority mentioned in subdivision
(b) shall develop a plan to establish control procedures for advance
payments.  Each plan shall include a procedure whereby the department
or authority determines whether or not an advance payment is
essential for the effective implementation of a particular program
being funded.  Each plan is required to be approved by the Department
of Finance.
   (b) Subdivision (a) shall apply to the Emergency Medical Service
Authority, the California Department of Aging, the State Department
of Developmental Services, the State Department of Alcohol and Drug
Programs, the Department of Corrections, the Department of Economic
Opportunity, the Employment Development Department, the State
Department of Health Services, the State Department of Mental Health,
the Department of Rehabilitation, the State Department of Social
Services, the Department of Child Support Services, the Department of
the Youth Authority, the State Department of Education, the area
boards on developmental disabilities, the Organization of Area
Boards, the Office of Statewide Health Planning and Development, and
the California Environmental Protection Agency, including all boards
and departments contained therein.
   Subdivision (a) shall also apply to the Health and Welfare Agency
which may make advance payments, pursuant to the requirements of that
subdivision, to multipurpose senior services projects as established
in Sections 9400 to 9413, inclusive, of the Welfare and Institutions
Code.
   (c) A county may, upon determining that an advance payment is
essential for the effective implementation of a program within the
provisions of this section, and to the extent funds are available,
and not more frequently than once each fiscal year, advance to a
community-based private nonprofit agency with which it has
contracted, pursuant to any applicable federal or state law, for the
delivery of services, not to exceed 25 percent of the annual
allocation to be made pursuant to the contract and those laws, during
the fiscal year to the private nonprofit agency.
  SEC. 5.  Section 11753.1 is added to the Government Code, to read:

   11753.1.  (a) The Legislature finds and declares that the name of
the Health and Welfare Agency Data Center was changed to the
California Health and Human Services Agency Data Center by Chapter
873 of the Statutes of 1999, effective January 1, 2000.  The
Legislature further finds and declares that this change of name was
and is not intended to alter or modify any power, right, obligation,
or duty of the data center that is found in statute, regulation, or
contract.
   (b) (1) Any reference in statute, regulation, or contract to the
Health and Welfare Agency Data Center shall be deemed to refer to the
California Health and Human Services Agency Data Center.
   (2) Any reference to the prior Health and Welfare Data Center
Revolving Fund shall be deemed to refer to the California Health and
Human Services Agency Data Center Revolving Fund.
  SEC. 6.  Section 1588 of the Health and Safety Code is amended to
read:
   1588.  (a) The state department shall, subject to the availability
of funds appropriated therefor, conduct a grants-in-aid program for
the following purposes:
   (1) To assist in the establishment of new adult day health care
centers.
   (2) To assist in stabilizing or expanding the health care
operations of adult day health care centers which have been licensed
for a period of two years or less.
   (3) To assist in expanding the health care operations of adult day
health care centers which have been licensed for a period of two
years or more when identified expansion meets criteria outlined in
the specific guidelines established for the grant-supported
activities.  Expansion under this paragraph shall be based on
documented unmet need.
   (b) The grants authorized pursuant to this article shall be
limited in purpose to defraying operating expenses of the center,
including staffing costs, required renovation costs, and facility
rental costs.
  SEC. 7.  Section 1588.3 of the Health and Safety Code is amended to
read:
   1588.3.  The grant amount available from funds appropriated
through the Budget Act for the Adult Day Health Care Program shall
not exceed one hundred twenty-five thousand dollars ($125,000) for a
single project.
  SEC. 8.  Section 1588.5 of the Health and Safety Code is amended to
read:
   1588.5.  In developing policies and priorities pertaining to the
allocation of grant funds, the state department shall give primary
consideration to the following factors:
   (a) The applicant's immediate need for funds.
   (b) The demonstrated community support for the project.
   (c) The applicant's long-term prospects for financial stability.
   (d) The applicant's demonstrated marketing strategies.
   (e) The applicant's ability to provide innovative services and to
coordinate with other services in the continuum of care.
   (f) Special consideration shall be given to any applicant who is
in any one of the following categories:
   (1) Applicants in rural areas.
   (2) Applicants in counties or service areas where there are no
other centers.
   (3) Applicants who will deliver services in an area with a high
elderly ethnic minority population.
   (4) Applicants who will deliver services in a service area with a
high percentage of elderly Medi-Cal beneficiaries when compared to
the total elderly population of the service area.
  SEC. 9.  Section 1588.7 of the Health and Safety Code is amended to
read:
   1588.7.  (a) The state department shall adopt specific guidelines
for the establishment of grant-supported activities, including
criteria for evaluation of each activity and monitoring to assure
compliance with grant conditions and applicable regulations of the
state department.  The guidelines shall be developed in consultation
with the Long-Term Care Committee.  Funds shall be awarded only after
the local adult day health care planning council has had opportunity
to review and comment on the applicant's proposal pursuant to
guidelines established for these grants and is approved by the state
department.  If an area does not have an active planning council, the
department may exempt the applicant from local planning council
review.
   (b) The state department shall develop a contract with each
selected project.
  SEC. 10.  Section 1589 of the Health and Safety Code is amended and
renumbered to read:
  1589.5.  State administrative costs on grants issued pursuant to
this article shall not exceed 10 percent of the amount of the grants.

  SEC. 11.  Section 1589 is added to the Health and Safety Code, to
read:
   1589.  Subject to the appropriation of funds pursuant to the
annual Budget Act, the department may establish planning and
development grants for public or private nonprofit applicants that
request assistance in conducting feasibility and needs analysis and
that represent areas of the state meeting either of the following
criteria:
   (a) The area does not have an adult day health care planning
council or the planning council has been inactive for at least three
years.
   (b) The area has not had a local needs assessment for adult day
health services or the needs assessment has not been updated for at
least 10 years.
  SEC. 12.  Section 1596.8713 of the Health and Safety Code is
amended to read:
   1596.8713.  (a) The Department of Justice may charge a fee
sufficient to cover its costs in providing services in accordance
with Section 1596.871 to comply with the 14-day requirement for
provision to the department of the criminal record information, as
contained in subdivision (c) of Section 1596.871.
   (b) (1) Between July 1, 2000, and July 1, 2001, no fee shall be
charged by the Department of Justice or the State Department of
Social Services for any costs associated with obtaining a California
or Federal Bureau of Investigation criminal record or for conducting
a child abuse index check, of a volunteer at a child care facility
who is required to be fingerprinted pursuant to subdivision (b) of
Section 1596.871, provided that the exemption does not cause an
increase in fees for other providers.
   (2) On or after July 1, 2001, no fee shall be charged for the
purposes specified in paragraph (1) if funds for those purposes are
appropriated in the annual Budget Act and the exemption does not
cause an increase in fees for other providers.
   (3) For purposes of this subdivision, "volunteer" means a person
who provides services at a child care facility and does not receive
any payment of a salary or hourly wage in exchange for these
services.
  SEC. 13.  Section 11756.8 is added to the Health and Safety Code,
to read:
   11756.8.  The department shall provide semiannual updates to the
Legislature on its progress in implementing the systems of care
redesign project, including, but not limited to, an updated timeline
for the project.
  SEC. 14.  Section 11758.46 of the Health and Safety Code is amended
to read:
   11758.46.  (a) For purposes of this section, "drug-Medi-Cal
services" means all of the following services, administered by the
department, and to the extent consistent with state and federal law:

   (1) Narcotic treatment program services, as set forth in Section
11758.42.
   (2) Day care habilitative services.
   (3) Perinatal residential services for pregnant women and women in
the postpartum period.
   (4) Naltrexone services.
   (5) Outpatient drug-free services.
   (b) Upon federal approval of a federal medicaid state plan
amendment authorizing federal financial participation in the
following services, and subject to appropriation of funds,
"drug-Medi-Cal" services shall also include the following services,
administered by the department, and to the extent consistent with
state and federal law:
   (1) Notwithstanding subdivision (a) of Section 14132.90 of the
Welfare and Institutions Code, day care habilitative services, which,
for purposes of this paragraph, are outpatient counseling and
rehabilitation services provided to persons with alcohol or other
drug abuse diagnoses.
   (2) Case management services, including supportive services to
assist persons with alcohol or other drug abuse diagnoses in gaining
access to medical, social, educational, and other needed services.
   (3) Aftercare services.
   (c) The department shall adopt emergency regulations to implement
subdivision (b).  The regulations shall be developed in conjunction
with appropriate stakeholders.
   (d) (1) By July 1, 1997, and annually thereafter, the department
shall publish procedures for contracting for drug-Medi-Cal services
with certified providers and for claiming payments, including
procedures and specifications for electronic data submission for
services rendered.
   (2) By July 1, 1997, the department, county alcohol and drug
program administrators, and alcohol and drug service providers shall
automate the claiming process and the process for the submission of
specific data required in connection with reimbursement for
drug-Medi-Cal services, except that this requirement applies only if
funding is available from sources other than those made available for
treatment or other services.
   (e) A county or a contractor for the provision of drug-Medi-Cal
services shall notify the department, within 30 days of the receipt
of the county allocation, of its intent to contract, as a component
of the single state-county contract, for and provide certified
services pursuant to Section 11758.42 for the proposed budget year.
The notification shall include an accurate and complete budget
proposal, the structure of which shall be mutually agreed to by
county alcohol and drug program administrators and the department, in
the format provided by the department, for specific services, for a
specific time period, estimated units of service, estimated rate per
unit consistent with law and regulations, and total estimated cost
for appropriate services.
   (f) (1) Within 30 days of receipt of the proposal described in
subdivision  (e), the department shall provide, to counties and
contractors proposing to provide drug-Medi-Cal services in the
proposed budget year, a proposed multiple-year contract, as a
component of the single state-county contract, for these services, a
current utilization control plan, and appropriate administrative
procedures.
   (2) A county contracting for alcohol and drug services shall
receive a single state-county contract for the net negotiated amount
and drug-Medi-Cal services.
   (3) Contractors contracting for drug-Medi-Cal services shall
receive a drug-Medi-Cal contract.
   (g) (1) Upon receipt of a contract proposal pursuant to
subdivision  (e), a county and a contractor seeking to provide
reimbursable drug-Medi-Cal services and the department may begin
negotiations and the process for contract approval.
   (2) If a county does not approve a contract by July 1 of the
appropriate fiscal year, in accordance with subdivisions  (d) to (f),
inclusive, the county shall have 30 additional days in which to
approve a contract.  If the county has not approved the contract by
the end of that 30-day period, the department shall contract directly
for services within 30 days.
   (3) Counties shall negotiate contracts only with providers
certified to provide reimbursable drug-Medi-Cal services and that
elect to participate in this program.  Upon contract approval by the
department, a county shall establish approved contracts with
certified providers within 30 days following enactment of the annual
Budget Act.  A county may establish contract provisions to ensure
interim funding pending the execution of final contracts,
multiple-year contracts pending final annual approval by the
department, and, to the extent allowable under the annual Budget Act,
other procedures to ensure timely payment for services.
   (h) (1) For counties and contractors providing drug-Medi-Cal
services, pursuant to approved contracts, and that have accurate and
complete claims, reimbursement for services from state General Fund
moneys shall commence no later than 45 days following the enactment
of the annual Budget Act for the appropriate state fiscal year.
   (2) For counties and contractors providing drug-Medi-Cal services,
pursuant to approved contracts, and that have accurate and complete
claims, reimbursement for services from federal medicaid funds shall
commence no later than 45 days following the enactment of the annual
Budget Act for the appropriate state fiscal year.
   (3) By July 1, 1997, the State Department of Health Services and
the department shall develop methods to ensure timely payment of
drug-Medi-Cal claims.
   (4) The State Department of Health Services, in cooperation with
the department, shall take steps necessary to streamline the billing
system for reimbursable drug-Medi-Cal services, to assist the
department in meeting the billing provisions set forth in this
subdivision.
   (i) The department shall submit a proposed interagency agreement
to the State Department of Health Services by May 1 for the following
fiscal year.  Review and interim approval of all contractual and
programmatic requirements, except final fiscal estimates, shall be
completed by the State Department of Health Services by July 1.  The
interagency agreement shall not take effect until the annual Budget
Act is enacted and fiscal estimates are approved by the State
Department of Health Services.  Final approval shall be completed
within 45 days of enactment of the Budget Act.
   (j) (1) A county or a provider certified to provide reimbursable
drug-Medi-Cal services, that is contracting with the department,
shall estimate the cost of those services by April 1 of the fiscal
year covered by the contract, and shall amend current contracts, as
necessary, by the following July 1.
   (2) A county or a provider, except for a provider to whom
subdivision (k) applies, shall submit accurate and complete cost
reports for the previous state fiscal year by November 1, following
the end of the state fiscal year.  The department may settle cost for
drug-Medi-Cal services, based on the cost report as the final
amendment to the approved single state-county contract.
   (k) Certified narcotic treatment program providers, that are
exclusively billing the state or the county for services under
Section 11758.42, shall submit accurate and complete performance
reports for the previous state fiscal year by November 1 following
the end of that state fiscal year.  A provider to which this
subdivision applies shall estimate its budgets using the uniform
state monthly reimbursement rate.  The format and content of the
performance reports shall be mutually agreed to by the department,
the County Alcohol and Drug Program Administrators Association of
California, and representatives of the narcotic treatment providers.

  SEC. 15.  Section 11840.1 of the Health and Safety Code is amended
to read:
   11840.1.  (a) Commencing January 1, 1985, and for every fiscal
year thereafter, 10 percent county matching funds shall be required
for support of programs and services provided under this part by a
county of more than 100,000 population.
   (b) Notwithstanding any other provision of law, no county matching
funds shall be required pursuant to this section for funding
received for the purposes of funding existing residential perinatal
treatment programs that were begun through federal Center for
Substance Abuse Treatment grants but whose grants expired on or
before October 1, 2000.  For counties in which there is such a
provider, the State Department of Alcohol and Drug Programs shall
include language in those counties' allocation letters that indicates
the amount of the allocation designated for the provider during the
fiscal year.  This exemption shall only apply to the state funding
provided to replace the expiring federal grants, and shall not apply
to any subsequent program expansions.
  SEC. 15.5  Section 11871 is added to the Health and Safety Code, to
read:
   11871.  It is the intent of the Legislature that the State
Department of Alcohol and Drug Programs, in collaboration with the
State Department of Health Services and stakeholders in the medical
and treatment provider communities, work to identify methods for
better informing medical doctors of the benefits of diagnosing and
treating substance abuse among their patient population, including,
but not limited to, improved outreach efforts at the state and local
levels and the use of information dissemination strategies, where
appropriate.
  SEC. 16.  Section 11970.2 of the Health and Safety Code is amended
to read:
   11970.2.  (a) A county alcohol and drug program administrator and
the presiding judge in the county shall develop and submit a
comprehensive multiagency drug court plan for implementing
cost-effective local drug court systems for adults, juveniles, and
parents of children who are detained by, or are dependents of the
juvenile court to be eligible for funding under this chapter.  The
plan shall do all of the following:
   (1) Describe existing programs that serve substance abusing
adults, juveniles, and parents of children who are detained by, or
are dependents of, the juvenile court.
   (2) Provide a local action plan for implementing cost-effective
drug court systems, including any or all of the following drug court
systems:
   (A) Drug courts operating pursuant to Sections 1000 to 1000.5,
inclusive, of the Penal Code.
   (B) Drug courts for juvenile offenders.
   (C) Drug courts for parents of children who are detained by, or
are dependents of, the juvenile court.
   (D) Drug courts for parents of children in family law cases
involving custody and visitation issues.
   (E) Other drug court systems that are approved by the Drug Court
Partnership Executive Steering Committee.
   (3) Develop information-sharing systems to ensure that county
actions are fully coordinated, and to provide data for measuring the
success of the local action plan in achieving its goals.
   (4) Identify outcome measures that will determine the cost
effectiveness of the local action plan.
   (b) The department, in collaboration with the Judicial Council,
shall distribute funds to eligible counties using the two thousand
five hundred dollars ($2,500) per million/remainder per capita
methodology, subject to appropriation in the Budget Act.  Funding
shall be used to supplement, rather than supplant, existing programs.
  Funding for counties that opt not to participate in the program
shall be distributed on a per capita basis to participating counties.

   (1) Funds distributed to counties shall be used for programs that
are identified in the local plan.  Acceptable uses may include, but
are not limited to, any of the following:  drug court coordinators,
case management, training, drug testing, treatment, transportation,
and other costs related to the implementation of the plan.

           (2) No funds shall be distributed unless the applicant
makes available resources in an amount equal to at least 10 percent
of the amount of the funds distributed in years one and two, and 20
percent of the amount of the funds distributed in years three, four,
and five.
   (c) The department, with concurrence from the Judicial Council,
shall establish minimum standards, funding schedules, and procedures
for funding programs.
   (d) The department, in collaboration with the Judicial Council,
shall create an evaluation design for the Comprehensive Drug Court
Implementation Act of 1999, that will assess the effectiveness of the
program.  The department, together with the Judicial Council, shall
develop an interim report to be submitted to the Legislature on or
before March 1, 2004, and a final analysis of the program in a report
to be submitted to the Legislature on or before March 1, 2005.
  SEC. 17.  Section 1611.5 of the Unemployment Insurance Code is
amended to read:
   1611.5.  (a) Notwithstanding Section 1611, the Legislature may
appropriate from the Employment Training Fund twenty million dollars
($20,000,000) in the Budget Act of 1997 and five million dollars
($5,000,000) in the Budget Act of 1999 for training programs designed
for workers who are current or recent recipients of benefits under
the CalWORKs program pursuant to Section 10214.7.  The Legislature
may appropriate from the Employment Training Fund thirty million
dollars ($30,000,000) in the Budget Act of 1999 and the Budget Act of
2000 for purposes of funding the local assistance portion of
welfare-to-work activities under the CalWORKs program, provided for
pursuant to Article 3.2 (commencing with Section 11320) of Chapter 2
of Part 3 of Division 9 of the Welfare and Institutions Code, as
administered by the State Department of Social Services.
   (b) Funds available pursuant to the Budget Act of 1997 pursuant to
this section that are not encumbered in the 1997-98 fiscal year may,
upon appropriation by the Legislature, be carried over into the
1998-99 fiscal year for expenditures consistent with Section 10214.7.

  SEC. 17.5.  Section 9617 is added to the Unemployment Insurance
Code, to read:
   9617.  (a) To the extent that funds are provided in the Budget Act
of 2000 for the purposes of providing competitive grants to
faith-based organizations that are not owned or operated as
pervasively sectarian organizations, those organizations receiving
funding shall demonstrate that they are able to meet the following
six criteria in the provision of services:
   (1) Establishing linkages with local workforce development service
delivery systems.
   (2) Leveraging resources through collaboration and partnerships.
   (3) Establishing intermediate and long-term outcome goals, with
measurable indicators.
   (4) Collecting and maintaining data that can be used for
management decisionmaking.
   (5) Using data to assess progress and evaluate effectiveness.
   (6) Sharing information with stakeholders.
   (b) The department shall provide technical assistance to
organizations as needed to enable them to meet the six criteria
specified in paragraphs (1) to (6), inclusive, of subdivision (a).
   (c) The department shall collect and analyze the following
information as it relates to the organizations funded under this
section:
   (1) The number of participants who experienced job placements,
wage gains, increased job retention, increased educational
achievement, and reduced use of public assistance programs.
   (2) The cost per participant.
   (3) Organizations' effectiveness in serving populations with
barriers to employment who are missed by traditional service
providers.
   (4) The department's success in transitioning the organizations to
longer-term funding sources.
   (d) The department shall provide an interim report with regard to
the competitive grants provided under this section to the Legislature
on or before May 15, 2001, and shall provide a final report to the
Legislature on or before September 1, 2001.
  SEC. 18.  Section 10201.5 is added to the Unemployment Insurance
Code, to read:
   10201.5.  With respect to funding appropriated in the annual
Budget Act to the Employment Development Department for allocation by
the Employment Training Panel and identified for training of workers
in regions suffering from high unemployment and low job creation,
including the working poor, the panel, notwithstanding subdivision
(g) of Section 10201, may waive the minimum wage requirements
included in that subdivision provided that the post-retention wage of
each trainee who has completed training and the required training
period exceeds his or her wage before and during training.  This
determination shall be made on a case-by-case basis to ensure that
post-training improvements in earnings are sufficient to warrant the
investment of public funds.
  SEC. 18.2.  Article 2.5 (commencing with Section 10529) is added to
Chapter 4.5 of Part 1 of Division 3 of the Unemployment Insurance
Code, to read:
      Article 2.5.  California Workforce and Economic Information
Program

   10529.  (a) The services provided by the existing labor market
information system within the department shall include workforce and
economic information that does all of the following:
   (1) Provides data and information to the state Workforce
Investment Board created pursuant to Section 2821 of Title 29 of the
United States Code, to enable the board to plan, operate, and
evaluate investments in the state's workforce preparation system that
will make the California economy more productive and competitive.
   (2) Provides data and information to the California Economic
Strategy Panel for continuous strategic planning and the development
of policies for the growth and competitiveness of the California
economy.
   (3) Identifies and combines information from various state data
bases to produce useful, geographically based analysis and products,
to the extent possible using existing resources.
   (4) Provides technical assistance related to accessing workforce
and economic information to local governments, public-sector
entities, research institutes, nonprofit organizations, and community
groups that have  various levels of expertise, to the extent
possible using existing resources.
   (b) The department shall coordinate with the Trade and Commerce
Agency, the State Department of Education, the Chancellor of the
California Community Colleges, the State Department of Social
Services, the California Postsecondary Education Commission, the
Department of Finance, and the Franchise Tax Board in developing
economic and workforce information.  The department shall also
solicit input in the operation of the program from public and private
agencies and individuals that make use of the labor market
information provided by the department.
  SEC. 18.4.  Chapter 7 (commencing with Section 11020) is added to
Part 1 of Division 3 of the Unemployment Insurance Code, to read:

      CHAPTER 7.  CAREGIVER TRAINING INITIATIVE

   11020.  (a) There is hereby established a project known as the
Caregiver Training Initiative.
   (b) It is the intent of the Legislature that the Caregiver
Training Initiative develop and implement proposals to recruit,
train, and retain health care providers such as certified nurse
assistants, certified nurses, registered nurses, licensed vocational
nurses, and other types of nursing and direct-care staff.
   (c) (1) An advisory council is hereby established for purposes of
the Caregiver Training Initiative.
   (2) The advisory council shall develop goals, policies, and a
general work plan for the Caregiver Training Initiative.  For
purposes of this paragraph, the advisory council shall consider the
program model set forth in Section 11024.
   (3) The duties of the advisory council shall include all of the
following:
   (A) Making recommendations regarding the identification of regions
of the state for purposes of the initiative.
   (B) Making recommendations to the Employment Development
Department and the State Department of Social Services regarding the
number of regional collaborative programs that should be funded under
the initiative.
   (C) Based on the number and size of the regions and programs to be
funded, making recommendations to the Employment Development
Department and the State Department of Social Services regarding the
number of staff that should be assigned to the regions to assist in
developing collaborative programs consisting of partnerships and
funding proposals.
   (D) Making suggestions and recommendations to the Employment
Development Department and the State Department of Social Services
with regard to the selection of the collaborative programs to be
funded in each region under the initiative and of the contracts
entered into between the state and the local agencies representing
regional partners.
   (E) Providing oversight of the progress of the initiative and
identifying any needed corrective actions.
   (F) Designating a member of the advisory council to participate in
the work group established by the Employment Development Department,
in conjunction with the State Department of Social Services,
pursuant to paragraph (2) of subdivision (a) of Section 11022.
   (d) The advisory council shall consist of the following:
   (1) Each director, or a designee of the director, of the following
departments in the California Health and Human Services Agency:
   (A) Employment Development Department.
   (B) Office of Statewide Health Planning and Development.
   (C) State Department of Social Services.
   (D) State Department of Health Services.
   (E) California Department of Aging.
   (2) A representative from each of the following:
   (A) County Welfare Directors Association.
   (B) State Department of Education.
   (C) Chancellor's Office of the California Community Colleges.
   (D) California Association of Health Facilities.
   (E) California Association of Homes and Services for the Aging.
   (F) American Red Cross.
   (G) California Nurses Association.
   (H) Service Employees International Union.
   11022.  (a) (1) The Employment Development Department, in
consultation with the State Department of Social Services, shall
administer regional collaborative program selection and funding under
the Caregiver Training Initiative.
   (2) The Employment Development Department, in conjunction with the
State Department of Social Services, shall establish and lead a work
group that shall be responsible for staff support to the advisory
committee established pursuant to subdivision (c) of Section 11020.
   (3) The Employment Development Department, in conjunction with the
State Department of Social Services, shall be responsible for all of
the following:
   (A) Under the direction of the California Health and Human
Services Agency, developing the criteria for regional collaborative
programs, the number of staff to be assigned to regions, and the
process for selecting regional collaborative programs to be funded.
   (B) Assigning staff to each region to assist in developing
collaborative programs consisting of partnerships and proposals for
funding.
   (C) Determining the date by which collaborative programs from each
region shall submit their proposals for consideration.
   (D) Selecting the collaborative program proposal from each region
that best meets the criteria established by the department.
   (E) Working with representatives from the health care provider and
caregiver industries and labor, negotiating contract terms that best
serve the initiative's goals.
   (F) Approving all contracts for participation under the
initiative.
   (G) Distributing funds to the appropriate local agencies to
commence the regional collaborative programs.
   (H) Providing staff support to the advisory council established
under subdivision (c) of Section 11020.
   (I) Carrying out state-level activities identified by the
department that are necessary for the initiative's success.
   (b) The Employment Development Department, in conjunction with the
State Department of Social Services, shall evaluate or contract for
the evaluation of the regional collaborative programs funded under
the initiative.  The evaluation of each program site funded under the
initiative shall include the following elements:
   (1) A thorough assessment of implementation issues faced by
grantees.
   (2) An analysis, using appropriate statistical techniques, of
identified outcomes of interest, including employment retention,
advancement, earnings, and worker well-being measures.
   (3) Annual population-based surveys of current and former CalWORKs
recipients as they enter training programs and make choices about
employment or subsequent job change.
   (4) Identification and collection of well-being data regarding
health care providers and caregivers and the recipients of their
care.
   (5) Construction and analysis of longitudinal administrative data.

   (6) In-depth interviews with workers, staff, health care
providers, and caregivers.
   (c) The Employment Development Department shall develop a strategy
to improve understanding of the demand and supply of labor, and the
labor market dynamics for low-skilled workers who choose occupations
such as certified nurse assistants.  To develop the strategy, the
department shall develop information about and analyze all of the
following:
   (1) Alternative occupations competing for available labor.
   (2) The effect of conditions in other occupations using similar
skill sets on the supply of labor in occupations related to health
care providers and caregivers.
   (3) Occupational ladders for health care providers and caregivers.

   (4) The efforts by county welfare departments to increase interest
in the health care provider and caregiver industry.
   (5) Factors that draw individuals into or push them away from
entering the health care provider or caregiver industry.
   (6) Ways that nursing homes, long-term care facilities, and
in-home care provider communities can improve the quality of
employment of health care providers and caregivers.
   (7) The treatment of staff in nursing homes and long-term care
facilities.
   (8) Worker compensation claims and claims of workplace violence
due to patients with Alzheimer's disease or dementia.
   (9) Benefit packages.
   (10) On-the-job training for career advancement as a health care
provider or caregiver in nursing homes or long-term care facilities
or advancement in fields related to an occupation as a health care
provider or caregiver.
   11024.  (a) The program model for implementation of the Caregiver
Training Initiative shall consist of a solicitation and competitive
selection process to identify proposals from regional collaborative
programs that offer the best solutions to removing barriers for
attracting and retaining qualified health care providers, such as
certified nurse assistants, certified nurses, registered nurses,
licensed vocational nurses, and other types of nursing and direct
care staff.
   (b) Proposals for funding under the initiative submitted by
regional collaborative programs shall address all of the following
topics:
   (1) Marketing and outreach strategies that will attract eligible
participants to begin careers in the health care provider industry
and promote public awareness, especially among employers, to the
opportunity to hire trained health care providers.
   (2) Collaboration and agreements with state and local agency
partners to help identify, refer, and provide services to eligible
participants.
   (3) Development and use of innovative training strategies, coupled
with industry cooperation, to provide matching career paths that
will enable participants to advance in the health care industry,
including in nursing occupations such as certified nurse assistants,
certified nurses, registered nurses, and licensed vocational nurses.

   (4) Strategies for providing incentives to health care employers
to hire program participants, such as taking advantage of existing
tax credits, and incentives for participants to remain in and
graduate from the program, such as postemployment training and
support components.
   (5) Leveraging additional resources to support activities that are
not allowable with local welfare-to-work (Article 3.2 (commencing
with Section 11320) of Chapter 1 of Part 3 of Division 9 of the
Welfare and Institutions Code) funds and Workforce Investment Act of
1998 (29 U.S.C. Sec. 2801, et seq.) funds and that will provide
flexibility in serving participants.
   (c) The regional collaborative programs that compete for contracts
under the initiative may include partnerships of any combination of
local governmental entities, private nonprofit entities, and employer
or employee groups.  In order to ensure oversight for funds used in
these contracts, fiscal agents representing these collaborative
programs shall demonstrate all of the following:
   (1) The capacity to retain fiduciary responsibility for funds.
   (2) That the fiscal agent was chosen by agreement of collaborating
partners.
   (3) Previous experience using public funds for similar projects.
   (4) The ability to properly account for and administer funds.
  SEC. 19.  Section 366.21 of the Welfare and Institutions Code is
amended to read:
   366.21.  (a) Every hearing conducted by the juvenile court
reviewing the status of a dependent child shall be placed on the
appearance calendar.  The court shall advise all persons present at
the hearing of the date of the future hearing and of their right to
be present and represented by counsel.
   (b) Except as provided in Section 366.23 and subdivision (a) of
Section 366.3, notice of the hearing shall be mailed by the social
worker to the same persons as in the original proceeding, to the
child's parent or guardian, to the foster parents, relative
caregivers, community care facility, or foster family agency having
physical custody of the child in the case of a child removed from the
physical custody of his or her parent or guardian, and to the
counsel of record if the counsel of record was not present at the
time that the hearing was set by the court, by first-class mail
addressed to the last known address of the person to be notified, or
shall be personally served on those persons, not earlier than 30 days
nor later than 15 days preceding the date to which the hearing was
continued.  Service of a copy of the notice personally or by
certified mail return receipt requested, or any other form of actual
notice is equivalent to service by first-class mail.
   The notice shall contain a statement regarding the nature of the
hearing to be held and any change in the custody or status of the
child being recommended by the supervising agency.  The notice to the
foster parent, relative caregiver, or a certified foster parent who
has been approved for adoption by the State Department of Social
Services when it is acting as an adoption agency or by a licensed
adoption agency shall indicate that the foster parent, relative
caregiver, or a certified foster parent who has been approved for
adoption by the State Department of Social Services when it is acting
as an adoption agency or by a licensed adoption agency may attend
all hearings or may submit any information he or she deems relevant
to the court in writing.
   (c) At least 10 calendar days prior to the hearing, the social
worker shall file a supplemental report with the court regarding the
services provided or offered to the parent or guardian to enable him
or her to assume custody and the efforts made to achieve legal
permanence for the child if efforts to reunify fail, the progress
made, and, where relevant, the prognosis for return of the child to
the physical custody of his or her parent or guardian, and make his
or her recommendation for disposition.  If the child is a member of a
sibling group described in paragraph (3) of subdivision (a) of
Section 361.5, the report and recommendation may also take into
account those factors described in subdivision (e) relating to the
child's sibling group.  If the recommendation is not to return the
child to a parent or guardian, the report shall specify why the
return of the child would be detrimental to the child.  The social
worker shall provide the parent or guardian with a copy of the
report, including his or her recommendation for disposition, at least
10 calendar days prior to the hearing.  In the case of a child
removed from the physical custody of his or her parent or guardian,
the social worker shall provide a summary of his or her
recommendation for disposition to the counsel for the child, any
court-appointed child advocate, foster parents, relative caregivers,
certified foster parents who have been approved for adoption by the
State Department of Social Services when it is acting as an adoption
agency or by a licensed adoption agency, community care facility, or
foster family agency having the physical custody of the child at
least 10 calendar days before the hearing.
   (d) Prior to any hearing involving a child in the physical custody
of a community care facility or foster family agency that may result
in the return of the child to the physical custody of his or her
parent or guardian, or in adoption or the creation of a legal
guardianship, the facility or agency shall file with the court a
report containing its recommendation for disposition.  Prior to the
hearing involving a child in the physical custody of a foster parent,
a relative caregiver, or a certified foster parent who has been
approved for adoption by the State Department of Social Services when
it is acting as an adoption agency or by a licensed adoption agency,
the foster parent, relative caregiver, or the certified foster
parent who has been approved for adoption by the State Department of
Social Services when it is acting as an adoption agency or by a
licensed adoption agency, may file with the court a report containing
his or her recommendation for disposition.  The court shall consider
the report and recommendation filed pursuant to this subdivision
prior to determining any disposition.
   (e) At the review hearing held six months after the initial
dispositional hearing, the court shall order the return of the child
to the physical custody of his or her parent or guardian unless the
court finds, by a preponderance of the evidence, that the return of
the child to his or her parent or guardian would create a substantial
risk of detriment to the safety, protection, or physical or
emotional well-being of the child.  The social worker shall have the
burden of establishing that detriment.  The failure of the parent or
guardian to participate regularly and make substantive progress in
court-ordered treatment programs shall be prima facie evidence that
return would be detrimental.  In making its determination, the court
shall review and consider the social worker's report and
recommendations and the report and recommendations of any child
advocate appointed pursuant to Section 356.5; and shall consider the
efforts or progress, or both, demonstrated by the parent or guardian
and the extent to which he or she availed himself or herself of
services provided.
   Evidence of any or all of the following circumstances shall not,
in and of themselves, be deemed a failure to provide or offer
reasonable services:
   (1) The child has been placed with a foster family that is
eligible to adopt a child, or has been placed in a preadoptive home.

   (2) The case plan includes services to achieve legal permanence
for the child if efforts to reunify fail.
   (3) Services to achieve legal permanence for the child, if efforts
to reunify fail, are provided concurrently with services to reunify
the family.
   Whether or not the child is returned to a parent or guardian, the
court shall specify the factual basis for its conclusion that the
return would be detrimental or would not be detrimental.  The court
also shall make appropriate findings pursuant to subdivision (a) of
Section 366; and where relevant, shall order any additional services
reasonably believed to facilitate the return of the child to the
custody of his or her parent or guardian.  The court shall also
inform the parent or guardian that if the child cannot be returned
home by the 12-month permanency hearing, a proceeding pursuant to
Section 366.26 may be instituted.  This section does not apply in a
case where, pursuant to Section 361.5, the court has ordered that
reunification services shall not be provided.
   If the child was under the age of three years on the date of the
initial removal or is a member of a sibling group described in
paragraph (3) of subdivision (a) of Section 361.5 and the court finds
by clear and convincing evidence that the parent failed to
participate regularly and make substantive progress in a
court-ordered treatment plan, the court may schedule a hearing
pursuant to Section 366.26 within 120 days.  If, however, the court
finds there is a substantial probability that the child, who was
under the age of three years on the date of initial removal or is a
member of a sibling group described in paragraph (3) of subdivision
(a) of Section 361.5, may be returned to his or her parent or
guardian within six months or that reasonable services have not been
provided, the court shall continue the case to the 12-month
permanency hearing.
   For the purpose of placing and maintaining a sibling group
together in a permanent home, the court, in making its determination
to schedule a hearing pursuant to Section 366.26 for some or all
members of a sibling group, as described in paragraph (3) of
subdivision (a) of Section 361.5, shall review and consider the
social worker's report and recommendations.  Factors the report shall
address, and the court shall consider, may include, but need not be
limited to, whether the sibling group was removed from parental care
as a group, the closeness and strength of the sibling bond, the ages
of the siblings, the appropriateness of maintaining the sibling group
together, the detriment to the child if sibling ties are not
maintained, the likelihood of finding a permanent home for the
sibling group, whether the sibling group is currently placed together
in a preadoptive home or has a concurrent plan goal of legal
permanency in the same home, the wishes of each child whose age and
physical and emotional condition permits a meaningful response, and
the best interest of each child in the sibling group.  The court
shall specify the factual basis for its finding that it is in the
best interest of each child to schedule a hearing pursuant to Section
366.26 in 120 days for some or all
              of the members of the sibling group.
   If the child was removed initially under subdivision (g) of
Section 300 and the court finds by clear and convincing evidence that
the whereabouts of the parent are still unknown, or the parent has
failed to contact and visit the child, the court may schedule a
hearing pursuant to Section 366.26 within 120 days.  If the court
finds by clear and convincing evidence that the parent has been
convicted of a felony indicating parental unfitness, the court may
schedule a hearing pursuant to Section 366.26 within 120 days.
   If the child had been placed under court supervision with a
previously noncustodial parent pursuant to Section 361.2, the court
shall determine whether supervision is still necessary.  The court
may terminate supervision and transfer permanent custody to that
parent, as provided for by paragraph (1) of subdivision (a) of
Section 361.2.
   In all other cases, the court shall direct that any reunification
services previously ordered shall continue to be offered to the
parent or guardian pursuant to the time periods set forth in
subdivision (a) of Section 361.5, provided that the court may modify
the terms and conditions of those services.
   If the child is not returned to his or her parent or guardian, the
court shall determine whether reasonable services have been provided
or offered to the parent or guardian  that were designed to aid the
parent or guardian in overcoming the problems  that led to the
initial removal and the continued custody of the child.  The court
shall order that those services be initiated, continued, or
terminated.
   (f) The permanency hearing shall be held no later than 12 months
after the date the child entered foster care, as that date is
determined pursuant to subdivision (a) of Section 361.5.  At the
permanency hearing, the court shall determine the permanent plan for
the child, that shall include a determination of whether the child
will be returned to the child's home and, if so, when, within the
time limits of subdivision (a) of Section 361.5.  The court shall
order the return of the child to the physical custody of his or her
parent or guardian unless the court finds, by a preponderance of the
evidence, that the return of the child to his or her parent or
guardian would create a substantial risk of detriment to the safety,
protection, or physical or emotional well-being of the child.  The
social worker shall have the burden of establishing that detriment.
The court shall also determine whether reasonable services have been
provided or offered to the parent or guardian that were designed to
aid the parent or guardian to overcome the problems that led to the
initial removal and continued custody of the child.  The failure of
the parent or guardian to participate regularly and make substantive
progress in court-ordered treatment programs shall be prima facie
evidence that return would be detrimental.  In making its
determination, the court shall review and consider the social worker'
s report and recommendations and the report and recommendations of
any child advocate appointed pursuant to Section 356.5; shall
consider the efforts or progress, or both, demonstrated by the parent
or guardian and the extent to which he or she availed himself or
herself of services provided; and shall make appropriate findings
pursuant to subdivision (a) of Section 366.
   Evidence of any or all of the following circumstances shall not,
in and of themselves, be deemed a failure to provide or offer
reasonable services:
   (1) The child has been placed with a foster family that is
eligible to adopt a child, or has been placed in a preadoptive home.

   (2) The case plan includes services to achieve legal permanence
for the child if efforts to reunify fail.
   (3) Services to achieve legal permanence for the child, if efforts
to reunify fail, are provided concurrently with services to reunify
the family.
   Whether or not the child is returned to his or her parent or
guardian, the court shall specify the factual basis for its decision.
  If the child is not returned to a parent or guardian, the court
shall specify the factual basis for its conclusion that the return
would be detrimental.  The court also shall make a finding pursuant
to subdivision (a) of Section 366.
   (g) If the time period in which the court-ordered services were
provided has met or exceeded the time period set forth in paragraph
(1), (2), or (3) of subdivision (a) of Section 361.5, as appropriate,
and a child is not returned to the custody of a parent or guardian
at the permanency hearing held pursuant to subdivision (f), the court
shall do one of the following:
   (1) Continue the case for up to six months for a permanency review
hearing, provided that the hearing shall occur within 18 months of
the date the child was originally taken from the physical custody of
his or her parent or guardian.  The court shall continue the case
only if it finds that there is a substantial probability that the
child will be returned to the physical custody of his or her parent
or guardian and safely maintained in the home within the extended
period of time or that reasonable services have not been provided to
the parent or guardian.  For the purposes of this section, in order
to find a substantial probability that the child will be returned to
the physical custody of his or her parent or guardian and safely
maintained in the home within the extended period of time, the court
shall be required to find all of the following:
   (A) That the parent or guardian has consistently and regularly
contacted and visited with the child.
   (B) That the parent or guardian has made significant progress in
resolving problems that led to the child's removal from the home.
   (C) The parent or guardian has demonstrated the capacity and
ability both to complete the objectives of his or her treatment plan
and to provide for the child's safety, protection, physical and
emotional well-being, and special needs.
   The court shall inform the parent or guardian that if the child
cannot be returned home by the next permanency review hearing, a
proceeding pursuant to Section 366.36 may be instituted.  The court
shall not order that a hearing pursuant to Section 366.26 be held
unless there is clear and convincing evidence that reasonable
services have been provided or offered to the parent or guardian.
   (2) Order that the child remain in long-term foster care, but only
if the court finds by clear and convincing evidence, based upon the
evidence already presented to it, including a recommendation by the
State Department of Social Services when it is acting as an adoption
agency or by a licensed adoption agency, that there is a compelling
reason for determining that a hearing held pursuant to Section 366.26
is not in the best interest of the child because the child is not a
proper subject for adoption and has no one willing to accept legal
guardianship.  For purposes of this section, a recommendation by the
State Department of Social Services when it is acting as an adoption
agency or by a licensed adoption agency that adoption is not in the
best interest of the child shall constitute a compelling reason for
the court's determination.  That recommendation shall be based on the
present circumstances of the child and shall not preclude a
different recommendation at a later date if the child's circumstances
change.
   (3) Order that a hearing be held within 120 days, pursuant to
Section 366.26, if there is clear and convincing evidence that
reasonable services have been provided or offered to the parents.
   Evidence of any or all of the following circumstances shall not,
in and of themselves, be deemed a failure to provide or offer
reasonable services:
   (A) The child has been placed with a foster family that is
eligible to adopt a child, or has been placed in a preadoptive home.

   (B) The case plan includes services to achieve legal permanence
for the child if efforts to reunify fail.
   (C) Services to achieve legal permanence for the child, if efforts
to reunify fail, are provided concurrently with services to reunify
the family.
   (h) In any case in which the court orders that a hearing pursuant
to Section 366.26 shall be held, it shall also order the termination
of reunification services to the parent.  The court shall continue to
permit the parent to visit the child pending the hearing unless it
finds that visitation would be detrimental to the child.
   (i) Whenever a court orders that a hearing pursuant to Section
366.26 shall be held, it shall direct the agency supervising the
child and the licensed county adoption agency, or the State
Department of Social Services when it is acting as an adoption agency
in counties that are not served by a county adoption agency, to
prepare an assessment that shall include:
   (1) Current search efforts for an absent parent or parents.
   (2) A review of the amount of and nature of any contact between
the child and his or her parents and other members of his or her
extended family since the time of placement.  Although the extended
family of each child shall be reviewed on a case-by-case basis,
"extended family" for the purpose of this paragraph shall include,
but not be limited to, the child's siblings, grandparents, aunts, and
uncles.
   (3) An evaluation of the child's medical, developmental,
scholastic, mental, and emotional status.
   (4) A preliminary assessment of the eligibility and commitment of
any identified prospective adoptive parent or guardian, particularly
the caretaker, to include a social history including screening for
criminal records and prior referrals for child abuse or neglect, the
capability to meet the child's needs, and the understanding of the
legal and financial rights and responsibilities of adoption and
guardianship.  If a proposed guardian is a relative of the minor, and
the relative was assessed for foster care placement of the minor
prior to January 1, 1998, the assessment shall also consider, but
need not be limited to, all of the factors specified in subdivision
(a) of Section 361.3.
   (5) The relationship of the child to any identified prospective
adoptive parent or guardian, the duration and character of the
relationship, the motivation for seeking adoption or guardianship,
and a statement from the child concerning placement and the adoption
or guardianship, unless the child's age or physical, emotional, or
other condition precludes his or her meaningful response, and if so,
a description of the condition.
   (6) An analysis of the likelihood that the child will be adopted
if parental rights are terminated.
   (j) If, at any hearing held pursuant to Section 366.26, a
guardianship is established for the minor with a relative, and
juvenile court dependency is subsequently dismissed, the relative
shall be eligible for aid under the Kin-GAP program as provided in
Article 4.5 (commencing with Section 11360) of Chapter 2 of Part 3 of
Division 9.
   (k) As used in this section, "relative" means an adult who is
related to the minor by blood, adoption, or affinity within the fifth
degree of kinship, including stepparents, stepsiblings, and all
relatives whose status is preceded by the words "great,"
"great-great," or "grand," or the spouse of any of those persons even
if the marriage was terminated by death or dissolution.
  SEC. 20.  Section 366.22 of the Welfare and Institutions Code is
amended to read:
   366.22.  (a) When a case has been continued pursuant to paragraph
(1) of subdivision (g) of Section 366.21, the permanency review
hearing shall occur within 18 months after the date the child was
originally removed from the physical custody of his or her parent or
guardian.  The court shall order the return of the child to the
physical custody of his or her parent or guardian unless the court
finds, by a preponderance of the evidence, that the return of the
child to his or her parent or guardian would create a substantial
risk of detriment to the safety, protection, or physical or emotional
well-being of the child.  The social worker shall have the burden of
establishing that detriment.  The failure of the parent or guardian
to participate regularly and make substantive progress in
court-ordered treatment programs shall be prima facie evidence that
return would be detrimental.  In making its determination, the court
shall review and consider the social worker's report and
recommendations and the report and recommendations of any child
advocate appointed pursuant to Section 356.5; shall consider the
efforts or progress, or both, demonstrated by the parent or guardian
and the extent to which he or she availed himself or herself of
services provided; and shall make appropriate findings pursuant to
subdivision (a) of Section 366.
   Evidence of any or all of the following circumstances shall not,
in and of themselves, be deemed a failure to provide or offer
reasonable services:
   (1) The child has been placed with a foster family that is
eligible to adopt a child, or has been placed in a preadoptive home.

   (2) The case plan includes services to achieve legal permanence
for the child if efforts to reunify fail.
   (3) Services to achieve legal permanence for the child, if efforts
to reunify fail, are provided concurrently with services to reunify
the family.
   Whether or not the child is returned to his or her parent or
guardian, the court shall specify the factual basis for its decision.
  If the child is not returned to a parent or guardian, the court
shall specify the factual basis for its conclusion that return would
be detrimental.
   If the child is not returned to a parent or guardian at the
permanency review hearing, the court shall order that a hearing be
held pursuant to Section 366.26 in order to determine whether
adoption, guardianship, or long-term foster care is the most
appropriate plan for the child.  However, if the court finds by clear
and convincing evidence, based on the evidence already presented to
it, including a recommendation by the State Department of Social
Services when it is acting as an adoption agency or by a licensed
adoption agency, that there is a compelling reason, as described in
paragraph (2) of subdivision (g) of Section 366.21, for determining
that a hearing held under Section 366.26 is not in the best interest
of the child because the child is not a proper subject for adoption
and has no one willing to accept legal guardianship, then the court
may, only under these circumstances, order that the child remain in
long-term foster care.  The hearing shall be held no later than 120
days from the date of the permanency review hearing.  The court shall
also order termination of reunification services to the parent.  The
court shall continue to permit the parent to visit the child unless
it finds that visitation would be detrimental to the child.  The
court shall determine whether reasonable services have been offered
or provided to the parent or guardian.
   (b) Whenever a court orders that a hearing pursuant to Section
366.26 shall be held, it shall direct the agency supervising the
child and the licensed county adoption agency, or the State
Department of Social Services when it is acting as an adoption agency
in counties that are not served by a county adoption agency, to
prepare an assessment that shall include:
   (1) Current search efforts for an absent parent or parents.
   (2) A review of the amount of and nature of any contact between
the child and his or her parents and other members of his or her
extended family since the time of placement.  Although the extended
family of each child shall be reviewed on a case-by-case basis,
"extended family" for the purposes of this paragraph shall include,
but not be limited to, the child's siblings, grandparents, aunts, and
uncles.
   (3) An evaluation of the child's medical, developmental,
scholastic, mental, and emotional status.
   (4) A preliminary assessment of the eligibility and commitment of
any identified prospective adoptive parent or guardian, particularly
the caretaker, to include a social history including screening for
criminal records and prior referrals for child abuse or neglect, the
capability to meet the child's needs, and the understanding of the
legal and financial rights and responsibilities of adoption and
guardianship.  If a proposed guardian is a relative of the minor, and
the relative was assessed for foster care placement of the minor
prior to January 1, 1998, the assessment shall also consider, but
need not be limited to, all of the factors specified in subdivision
(a) of Section 361.3.
   (5) The relationship of the child to any identified prospective
adoptive parent or guardian, the duration and character of the
relationship, the motivation for seeking adoption or guardianship,
and a statement from the child concerning placement and the adoption
or guardianship, unless the child's age or physical, emotional, or
other condition precludes his or her meaningful response, and if so,
a description of the condition.
   (6) An analysis of the likelihood that the child will be adopted
if parental rights are terminated.
   (c) This section shall become operative January 1, 1999.  If at
any hearing held pursuant to Section 366.26, a guardianship is
established for the minor with a relative, and juvenile court
dependency is subsequently dismissed, the relative shall be eligible
for aid under the Kin-GAP program as provided in Article 4.5
(commencing with Section 11360) of Chapter 2 of Part 3 of Division 9.

   (d) As used in this section, "relative" means an adult who is
related to the minor by blood, adoption, or affinity within the fifth
degree of kinship, including stepparents, stepsiblings, and all
relatives whose status is preceded by the words "great,"
"great-great," or "grand," or the spouse of any of those persons even
if the marriage was terminated by death or dissolution.
  SEC. 21.  Section 366.3 of the Welfare and Institutions Code is
amended to read:
   366.3.  (a) If a juvenile court orders a permanent plan of
adoption or legal guardianship pursuant to Section 360 or 366.26, the
court shall retain jurisdiction over the child until the child is
adopted or the legal guardianship is established.  The status of the
child shall be reviewed every six months to ensure that the adoption
or guardianship is completed as expeditiously as possible.  When the
adoption of the child has been granted, the court shall terminate its
jurisdiction over the child.  Following establishment of a legal
guardianship, the court may continue jurisdiction over the child as a
dependent child of the juvenile court following the establishment of
a legal guardianship or may terminate its dependency jurisdiction
and retain jurisdiction over the child as a ward of the guardianship,
as authorized by Section 366.4.  If, however, a relative of the
child is appointed the legal guardian of the child and the child has
been placed with the relative for at least 12 months, the court
shall, except where the relative guardian objects, or upon a finding
of exceptional circumstances, terminate its dependency jurisdiction
and retain jurisdiction over the child as a ward of the guardianship,
as authorized by Section 366.4.  Following a termination of parental
rights the parent or parents shall not be a party to, or receive
notice of, any subsequent proceedings regarding the child.
   (b) If the court has dismissed dependency jurisdiction following
the establishment of a legal guardianship, or no dependency
jurisdiction attached because of the granting of a legal guardianship
pursuant to Section 360, and the legal guardianship is subsequently
revoked or otherwise terminated, the county department of social
services or welfare department shall notify the juvenile court of
this fact.  The court may vacate its previous order dismissing
dependency jurisdiction over the child.
   Notwithstanding Section 1601 of the Probate Code, the proceedings
to terminate a guardianship which has been granted pursuant to
Section 360 or 366.26 shall be held in the juvenile court, unless the
termination is due to the emancipation or adoption of the child.
Prior to the hearing on a petition to terminate guardianship pursuant
to this paragraph, the court shall order the county department of
social services or welfare department to prepare a report, for the
court's consideration, that shall include an evaluation of whether
the child could safely remain in the guardian's home, without
terminating the guardianship, if services were provided to the child
or guardian.  If applicable, the report shall also identify
recommended services to maintain the guardianship and set forth a
plan for providing those services.  If the petition to terminate
guardianship is granted, the juvenile court may resume dependency
jurisdiction over the child, and may order the county department of
social services or welfare department to develop a new permanent
plan, which shall be presented to the court within 60 days of the
termination.  If no dependency jurisdiction has attached, the social
worker shall make any investigation he or she deems necessary to
determine whether the child may be within the jurisdiction of the
juvenile court, as provided in Section 328.
   Unless the parental rights of the child's parent or parents have
been terminated, they shall be notified that the guardianship has
been revoked or terminated and shall be entitled to participate in
the new permanency planning hearing.  The court shall try to place
the child in another permanent placement.  At the hearing, the
parents may be considered as custodians but the child shall not be
returned to the parent or parents unless they prove, by a
preponderance of the evidence, that reunification is the best
alternative for the child.  The court may, if it is in the best
interests of the child, order that reunification services again be
provided to the parent or parents.
   (c) If, following the establishment of a legal guardianship, the
county welfare department becomes aware of changed circumstances that
indicate adoption may be an appropriate plan for the child, the
department shall so notify the court.  The court may vacate its
previous order dismissing dependency jurisdiction over the child and
order that a hearing be held pursuant to Section 366.26 to determine
whether adoption or continued guardianship is the most appropriate
plan for the child.  The hearing shall be held no later than 120 days
from the date of the order.  Whenever the court orders that a
hearing shall be held pursuant to Section 366.26, the court shall
direct the agency supervising the child and the licensed county
adoption agency, or the State Department of Social Services when it
is acting as an adoption agency in counties that are not served by a
county adoption agency, to prepare an assessment under subdivision
(b) of Section 366.22.
   (d) If the child is in a placement other than the home of a legal
guardian and jurisdiction has not been dismissed, the status of the
child shall be reviewed at least every six months.  The review of the
status of a child for whom the court has ordered parental rights
terminated and who has been ordered placed for adoption shall be
conducted by the court.  The review of the status of a child for whom
the court has not ordered parental rights terminated and who has not
been ordered placed for adoption may be conducted by the court or an
appropriate local agency.  The court shall conduct the review under
the following circumstances:
   (1) Upon the request of the child's parents or guardians.
   (2) Upon the request of the child.
   (3) It has been 12 months since a hearing held pursuant to Section
366.26 or an order that the minor remain in long-term foster care
pursuant to Section 366.21, 366.22, 366.26, or subdivision (g).
   (4) It has been 12 months since a review was conducted by the
court.
   The court shall determine whether or not reasonable efforts to
make and finalize a permanent placement for the child have been made.

   (e) Except as provided in subdivision (f), at the review held
every six months pursuant to subdivision (d), the reviewing body
shall inquire about the progress being made to provide a permanent
home for the child, shall consider the safety of the child, and shall
determine all of the following:
   (1) The continuing necessity for and appropriateness of the
placement.
   (2) The continuing appropriateness and extent of compliance with
the permanent plan for the child.
   (3) The extent of the agency's compliance with the child welfare
services case plan in making reasonable efforts to return the child
to a safe home and to complete whatever steps are necessary to
finalize the permanent placement of the child.
   (4) The adequacy of services provided to the child.
   (5) The extent of progress the parents have made toward
alleviating or mitigating the causes necessitating placement in
foster care.
   (6) The likely date by which the child may be returned to and
safely maintained in the home, placed for adoption, legal
guardianship, or in another planned permanent living arrangement.
   (7) For a child who is 16 years of age or older, the services
needed to assist the child to make the transition from foster care to
independent living.
   The reviewing body shall determine whether or not reasonable
efforts to make and finalize a permanent placement for the child have
been made.
   Each licensed foster family agency shall submit reports for each
child in its care, custody, and control to the court concerning the
continuing appropriateness and extent of compliance with the child's
permanent plan, the extent of compliance with the case plan, and the
type and adequacy of services provided to the child.
   Unless their parental rights have been permanently terminated, the
parent or parents of the child are entitled to receive notice of,
and participate in, those hearings.  It shall be presumed that
continued care is in the best interests of the child, unless the
parent or parents prove, by a preponderance of the evidence, that
further efforts at reunification are the best alternative for the
child.  In those cases, the court may order that further
reunification services to return the child to a safe home environment
be provided to the parent or parents for a period not to exceed six
months.
   (f) At the review conducted by the court and held at least every
six months, regarding a child for whom the court has ordered parental
rights terminated and who has been ordered placed for adoption, the
county welfare department shall prepare and present to the court a
report describing the following:
                                (1) The child's present placement.
   (2) The child's current physical, mental, emotional, and
educational status.
   (3) Whether the child has been placed with a prospective adoptive
parent or parents.
   (4) Whether an adoptive placement agreement has been signed and
filed.
   (5) The progress of the search for an adoptive placement if one
has not been identified.
   (6) Any impediments to the adoption or the adoptive placement.
   (7) The anticipated date by which the child will be adopted, or
placed in an adoptive home.
   (8) The anticipated date by which an adoptive placement agreement
will be signed.
   (9) Recommendations for court orders that will assist in the
placement of the child for adoption or in the finalization of the
adoption.
   The court shall determine whether or not reasonable efforts to
make and finalize a permanent placement for the child have been made.

   The court shall make appropriate orders to protect the stability
of the child and to facilitate and expedite the permanent placement
and adoption of the child.
   (g) At the review held pursuant to subdivision (d) for a child in
long-term foster care, the court shall consider all permanency
planning options for the child including whether the child should be
returned to the home of the parent, placed for adoption, or appointed
a legal guardian, or whether the child should remain in long-term
foster care.  The court shall order that a hearing be held pursuant
to Section 366.26 unless it determines by clear and convincing
evidence, that there is a compelling reason for determining that a
hearing held pursuant to Section 366.26 is not in the best interest
of the child because the child is being returned to the home of the
parent, the child is not a proper subject for adoption, or no one is
willing to accept legal guardianship.  If the licensed adoption
agency, or the department when it is acting as an adoption agency,
has determined it is unlikely that the child will be adopted or one
of the conditions described in paragraph (1) of subdivision (c) of
Section 366.26 applies, that fact shall constitute a compelling
reason for purposes of this subdivision.  Only upon that
determination may the court order that the child remain in long-term
foster care, without holding a hearing pursuant to Section 366.26.
   (h) If, as authorized by subdivision (g), the court orders a
hearing pursuant to Section 366.26, the court shall direct the agency
supervising the child and the licensed county adoption agency, or
the State Department of Social Services when it is acting as an
adoption agency in counties that are not served by a county adoption
agency, to prepare an assessment as provided for in subdivision (i)
of Section 366.21 or subdivision (b) of Section 366.22.  A hearing
held pursuant to Section 366.26 shall be held no later than 120 days
from the date of the 12-month review at which it is ordered, and at
that hearing the court shall determine whether adoption,
guardianship, or long-term foster care is the most appropriate plan
for the child.
  SEC. 22.  Section 903.7 of the Welfare and Institutions Code is
amended to read:
   903.7.  (a) There is in the State Treasury the Foster Children and
Parent Training Fund, the moneys contained in which shall be used
exclusively for the purposes set forth in this section.
   (b) For each fiscal year beginning with fiscal year 1981-82,
except as provided in Sections 15200.1, 15200.2, 15200.3, 15200.8,
and 15200.81, and Section 17704 of the Family Code, the Department of
Child Support Services shall determine the amount equivalent to the
state share of collections attributable to the enforcement of
parental fiscal liability pursuant to Sections 903, 903.4, and 903.5.
  On July 1, 1982, and every three months thereafter, the department
shall notify the Chancellor of the Community Colleges, the Department
of Finance, and the Superintendent of Public Instruction of the
above-specified  amount.  The State Department of Social Services
shall authorize the quarterly transfer of any portion of this amount
for any particular fiscal year exceeding three million seven hundred
fifty thousand dollars ($3,750,000) to the Treasurer for deposit in
the Foster Children and Parent Training Fund.
   (c) If sufficient moneys are available in the Foster Children and
Parent Training Fund, up to three million dollars ($3,000,000) shall
be allocated for the support of foster parent training programs
conducted in community colleges.  The maximum amount authorized to be
allocated pursuant to this subdivision shall be adjusted annually by
a cost-of-living increase each year based on the percentage given to
discretionary education programs.  Funds for the training program
shall be provided in a separate budget item in that portion of the
Budget Act pertaining to the Chancellor of the California Community
Colleges, to be deposited in a separate bank account by the
Chancellor of the California Community Colleges.
   The chancellor shall use these funds exclusively for foster parent
training, as specified by the chancellor in consultation with the
California State Foster Parents Association and the State Department
of Social Services.
   The plans for each foster parent training program shall include
the provision of training to facilitate the development of foster
family homes and small family homes to care for no more than six
children who have special mental, emotional, developmental, or
physical needs.
   The State Department of Social Services shall facilitate the
participation of county welfare departments in the foster parent
training program.  The State Foster Parents Association, or the local
chapters thereof, and the State Department of Social Services shall
identify training participants and shall advise the chancellor on the
form, content, and methodology of the training program.  Funds shall
be paid monthly to the foster parent training program until the
maximum amount of funds authorized to be expended for that program is
expended.  No more than 10 percent or seventy-five thousand dollars
($75,000) of these moneys, whichever is greater, shall be used for
administrative purposes;  of the 10 percent or seventy-five thousand
dollars ($75,000), no more than ten thousand dollars ($10,000) shall
be expended to reimburse the State Department of Social Services for
its services pursuant to this paragraph.
   (d) Beginning with fiscal year 1983-84, and each fiscal year
thereafter, after all allocations for foster parent training in
community colleges have been made, any moneys remaining in the Foster
Children and Parent Training Fund may be allocated for foster
children services programs pursuant to Chapter 11.3 (commencing with
Section 42920) of Part 24 of the Education Code.
   (e) The Controller shall transfer moneys from the Foster Children
and Parent Training Fund to the Chancellor of the Community Colleges
and the Superintendent of Public Instruction as necessary to fulfill
the requirements of subdivisions (c) and (d).
   After the maximum amount authorized in any fiscal year has been
transferred to the Chancellor of the Community Colleges and the
Superintendent of Public Instruction, the Controller shall transfer
any remaining funds to the General Fund for expenditure for any
public purpose.
  SEC. 23.  Section 9113 is added to the Welfare and Institutions
Code, to read:
   9113.  Area agencies on aging shall maintain in effect contracts
funded from appropriations made by the Budget Act of 2000 for
community-based service program expansion until July 1, 2004.
  SEC. 24.  Section 9305 of the Welfare and Institutions Code is
amended to read:
   9305.  The funds for the California Senior Legislature and the
supportive activities of the commission for the California Senior
Legislature shall be allocated from the California Fund for Senior
Citizens, private funds directed to the Legislature or the commission
for the purpose of funding activities of the California Senior
Legislature, or appropriate federal funds.
  SEC. 24.5.  Section 10544.1 of the Welfare and Institutions Code is
amended to read:
   10544.1.  (a) It is the intent of the Legislature to provide
counties with grant savings as defined in subdivisions (d) and (e)
subject to the amounts appropriated in the annual Budget Act.
   (b) It is the intent of the Legislature that the counties use the
funds, when appropriated, to do all of the following:
   (1) Improve the quality of jobs provided to recipients.
   (2) Help individuals attain long-term self-sufficiency.
   (3) Prevent the need for CalWORKs benefits for those families
making the transition from the CalWORKs program.
   (c) It is further the intent of the Legislature to evaluate the
efforts of counties in using the funds to improve the state's
understanding of how best to assist families in attaining long-term
and sustained self-sufficiency.
   (d) In order to provide counties with additional incentive to move
CalWORKs recipients to employment, each county shall receive the
state share of savings, including federal funds under the Temporary
Assistance for Needy Families block grant subject to the amounts
appropriated in the annual Budget Act, resulting from the following
outcomes:
   (1) Recipients exiting the program due to employment that has
lasted a minimum of six months.
   (2) Increased earnings by recipients due to employment.
   (3) Diversion of applicants from the program pursuant to Section
11266.5 for six months in addition to the number of months equivalent
to the diversion payment.
   (e) (1) For purposes of subdivision (d), the department, shall
apply the method for valuing the outcomes to determine county share
of savings that was utilized in fiscal years 1998-99 and 1999-2000,
except that increased earning by recipients due to employment shall
be valued at 50 percent of actual grant savings instead of 100
percent.
   (2) The method shall be adjusted as appropriate, and determined in
consultation with program stakeholders, to account for any changes
made to the Temporary Assistance to Needy Families program
requirements for block grant funding levels as a result of
Congressional reauthorization of the program in 2002.
   (f) The funds allocated to counties pursuant to subdivisions (d)
and (e) that are federal Temporary Assistance for Needy Families
block grant funds shall be used only for purposes for which these
federal funds may be used. The funds that are state General Fund
dollars shall be expended for purposes directly connected to the
CalWORKs program and countable towards the state maintenance of
effort level required by federal law, unless the Director of Finance
determines that all or part of the funds are not needed in that
fiscal year to meet the required maintenance of effort.  Any
unexpended funds may be retained by each county for expenditure in
subsequent fiscal years for purposes consistent with this
subdivision.
   (g) (1) Notwithstanding Section 11250 or any other provision of
law, commencing October 1, 2000, exclusively for purposes of county
performance incentives provided under this section and exclusively
for purposes of providing nonassistance services pursuant to Section
42 U.S.C. Sec. 601(a)(1) and (2) to families not receiving aid under
this chapter, "needy families" also includes any family in which the
minor child is living with a parent or adult relative caregiver and
the family's income is less than 200 percent of the official federal
poverty guidelines applicable to a family of the size involved.
   (2) A county shall not expend more than 25 percent of its
performance incentive funds for purposes of this subdivision.
   (3) For purposes of this subdivision, "nonassistance services"
means services that do not constitute assistance as defined in
applicable federal law and regulations governing the Temporary
Assistance for Needy Families program.
   (h) Each county shall submit a plan to the department describing
how it intends to expend its fiscal incentive funds and how the
benefits and services relate to the issue of sustaining
self-sufficiency.  The plan shall also describe how these services
will be coordinated with other services within the community that are
funded from sources such as the county's single allocation,
Welfare-to-Work grants, and community college funds.
   (i) Each county shall report quarterly on the actual expenditure
of funds under this section and shall complete a self-evaluation
report annually on the results of the benefits and services provided
and any lessons the county has learned from the approach it has
taken.
   (j) The department shall evaluate the programs that have been
supported by county incentive funds to determine the extent to which
the goals of the TANF program and the goals specified in this section
are achieved.
   (k) Acceptance of incentive funds beginning with the 2000-01
fiscal year shall constitute a waiver of any claim, cause of action,
or action whenever filed, with respect to fiscal incentives earned
through the 1999-2000 fiscal year under subdivision (c) of this
section as enacted by Chapter 270 of the Statutes of 1997, but not
allocated to counties by the department.
   (l) This section shall not be interpreted to entitle any
individual or family to assistance or services under any program
created and funded under this section.
  SEC. 25.  Section 10609.3 of the Welfare and Institutions Code is
amended to read:
   10609.3.  (a) By January 1, 1995, the State Department of Social
Services shall complete, in consultation with county Independent
Living Program administrators, placement agencies, providers,
advocacy groups, and community groups, a comprehensive evaluation of
the Independent Living Program established pursuant to the federal
Consolidated Omnibus Budget Reconciliation Act of 1985 (Public Law
99-272) and develop recommendations available to the public on how
independent living services could better prepare foster youth for
independence and adulthood.
   (b) The department shall investigate alternative transition
housing models for youth between the ages of 17 and 18 who are in
out-of-home placements under the supervision of the county department
of social services or county probation department.  To the extent
federal funds are available and it is in the best interests of the
children, the department shall develop and implement a transitional
housing model for youth who are preparing for emancipation from
foster care.
   (c) The department shall also investigate alternative transition
models for youth discharged from foster care to live on their own.
As part of this investigation, the department shall consider the
needs of youth for housing, transportation, health care, access to
community resources, employment, and other support services.
   (d) The department shall, with the approval of the federal
government, amend the foster care state plan, provided for pursuant
to Subtitle IV-E (commencing with Section 470) of the federal Social
Security Act (42 U.S.C.  Sec. 670, et seq.), and the child welfare
services state plan (42 U.S.C. Sec.  622), to permit all eligible
children be served by the Independent Living Program up to the age of
21 years.
   (e) (1) Effective July 1, 2000, the department, in consultation
with the Independent Living Program Strategic Planning Committee,
shall develop and implement a stipend to supplement and not supplant
the Independent Living Program.  To qualify for this stipend, a youth
shall be otherwise eligible for the Independent Living Program, have
been emancipated from foster care to live on his or her own, and be
approved by the county.  The stipend may provide for, but not be
limited to, assisting the youth with the following independent living
needs:
   (A) Bus passes.
   (B) Housing rental deposits and fees.
   (C) Housing utility deposits and fees.
   (D) Work-related equipment and supplies.
   (E) Training-related equipment and supplies.
   (F) Education-related equipment and supplies.
   (2) Notwithstanding Section 10101, the state shall pay 100 percent
of the nonfederal costs associated with the stipend program in
paragraph (1), subject to the availability of funding provided in the
annual Budget Act.
  SEC. 25.5.  Section 10609.6 is added to the Welfare and
Institutions Code, to read:
   10609.6.  (a) The department, in consultation with the seven
member task force specified in subdivision (b), shall develop a plan
to implement the recommendations of the evaluation required by
Section 10609.5.
   (b) The task force created pursuant to this section shall include
all of the following:
   (1) The director, or his or her designee.
   (2) One representative from each of the following:
   (A) The Department of Finance.
   (B) The County Welfare Directors Association.
   (C) The California State Association of Counties.
   (D) Child welfare services consumers.
   (E) Children's advocacy organizations.
   (F) Child welfare social worker organizations.
   (c) If participation on the task force convened pursuant to this
section will cause hardship for the representative of child welfare
consumers identified in paragraph (4) of subdivision (b), the
department, upon the request of the representative, shall provide
reimbursement for travel and other expenses directly related to
participation in the task force.  Except as provided in this
subdivision, no task force member shall receive compensation or any
other payment for serving on the task force.
   (d) The department shall submit the implementation plan to the
appropriate policy and fiscal committees of the Legislature on or
before June 30, 2001.
  SEC. 30.  Section 11265.2 of the Welfare and Institutions Code is
amended to read:
   11265.2.  (a) (1) Notwithstanding any other provision of law,
commencing July 1, 2000, subject to the agreement of the local
district attorney, Los Angeles County and up to eight counties
selected by the department may implement this section.
   (2) Subject to paragraph (3) and notwithstanding any other
provision of law, all counties that have not implemented this section
pursuant to paragraph (1) may begin implementation of this section
on January 1, 2005, and shall complete implementation of this section
no later than January 1, 2006.  This paragraph shall become
inoperative on January 1, 2005.
   (3) Counties participating in the eligibility simplification
project under Section 11265.6 may delay implementation of this
section until the expiration of the eligibility simplification
project if implementation of this section would be inconsistent with
the federal approval of the eligibility simplification project.
   (4) On or before January 1, 2004, the department shall evaluate
the impact of this section in a sufficient number of participating
counties to reliably describe this section's impact.  The department
shall collaborate with the Office of Criminal Justice Planning in
conducting the program integrity aspects of this evaluation.
   (b) Each county shall conduct an annual eligibility
redetermination.  A county shall be required to have a face-to-face
interview with the recipient at the redetermination, unless the
recipient has regular contact with the county through CalWORKs or
other similar programs.  Subsequent face-to-face interviews for any
recipient for purposes related to verification of eligibility or the
provision of CalWORKs services may be conducted at the county's
discretion.
   (c) Each county shall redetermine the financial eligibility of
each recipient on a quarterly basis.
   (d) (1) A recipient shall report, in writing, to the county within
10 days any change in resources, his or her household's monthly
income, including source of income, his or her address, or the
composition of his or her household if the report would be required
under the federal food stamp reporting requirement for nonmonthly
reporting households.  The county shall recalculate an assistance
unit's grant level only upon the report of any required change,
provided that the department obtains the appropriate waiver, as
specified in subdivision (i).  If the United States Department of
Agriculture denies this waiver, counties shall recalculate an
assistance unit's grant level based upon any reported changes.
   (2) Each quarter the recipient shall complete a quarterly report
which shall be signed under penalty of perjury.  The report shall
include all information necessary from the quarterly report month to
determine financial eligibility.
   (3) For each of the first two months covered by the quarterly
report, the recipient shall state whether there was any income, and
for each type of reportable change listed in paragraph (1), other
than a change of address, whether such a change occurred, and if so,
whether the change was reported in writing.  If the recipient states
that a reportable change occurred during the first two months covered
by the quarterly report and was not reported in writing or the
county has no record that a recipient made a written report, it shall
require that the information that should have been reported pursuant
to paragraph (1) be reported in writing and under penalty of perjury
within 10 days of receiving notice from the county.  A failure to
provide the report required by this paragraph within the 10-day
period shall result in a termination of benefits, after receiving
notice from the county as required by state and federal law.
   (4) (A) If the recipient fails to submit a quarterly report by the
date prescribed by the department, the county shall provide the
recipient with a notice, as required by the department, that the
county will terminate benefits.
   (B) Prior to terminating benefits, the county shall attempt to
make personal contact to remind the recipient that a completed report
is due, or, if contact is not made, shall send a reminder notice to
the recipient.
   (C) Any discontinuance notice shall be rescinded and aid shall be
restored if the report is received by the first working day of the
month for which aid is paid based on submission of the quarterly
report.
   (e) In recalculating the amount of a recipient's grant pursuant to
this section, including the timing and provision of any
supplementary payment, changes in the grant amount shall be made on a
prospective basis pursuant to food stamp regulations for nonmonthly
reporting households.
   (f) Counties shall provide a mechanism for recipients to retain
written documentation of the contents of the report, pursuant to
minimum standards established by the department.
   (g) The department shall define what constitutes a complete
report, and shall specify the deadlines for submitting a complete
report, as well as the consequences of, and good cause for, failure
to submit a complete report.
   (h) In determining overpayments and underpayments, the county
shall use the federal food stamp regulations that are used to
determine overissuances and underissuances for nonmonthly reporting
households.
   (i) The department shall seek all necessary waivers from the
United States Department of Agriculture to conform the Food Stamp
Program requirements to the provisions of this section and to
increase the income reporting amount for nonmonthly reporting
households to one hundred dollars ($100).
   (j) Notwithstanding the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code), until the department may implement a reporting
and budgeting system, as described in this section, through an all
county letter or similar instructions from the director for up to six
months from the date of initial implementation.
   (k) The department shall adopt regulations to implement this
section no later than six months from the date of initial
implementation.  Emergency regulations adopted for implementation of
the applicable provisions of this section may be adopted by the
director in accordance with the Administrative Procedure Act.  The
initial adoption of emergency regulations and one readoption of these
regulations shall be deemed to be an emergency and necessary for
immediate preservation of the public peace, health and safety, or
general welfare.  Initial emergency regulations shall be exempt from
review by the Office of Administrative Law.  The emergency
regulations authorized by this section shall be submitted to the
Office of Administrative Law for filing with the Secretary of State
and shall remain in effect for no more than 180 days.
   (l) This section shall remain in effect only until January 1,
2006, and as of that date is repealed, unless a later enacted statute
that is enacted on or before January 1,  2006, extends or deletes
that date.
  SEC. 34.  Section 11363 of the Welfare and Institutions Code is
amended to read:
   11363.  (a) Aid in the form of Kin-GAP shall be provided under
this article on behalf of any child under 18 years of age who meets
all of the following conditions:
   (1) Has been adjudged a dependent child of the juvenile court
pursuant to Section 300.
   (2) Has been living with a relative for at least 12 consecutive
months.
   (3) Has had a kinship guardianship with that relative established
as the result of the implementation of a permanent plan pursuant to
Section 366.26.
   (4) Has had his or her dependency dismissed after January 1, 2000,
pursuant to Section 366.3, concurrently or subsequent to the
establishment of the kinship guardianship.
   (b) Kin-GAP payments shall continue after the child's 18th
birthday if the conditions specified in Section 11403 are met.
   (c) Termination of the guardianship with a kinship guardian shall
terminate eligibility for Kin-GAP; provided, however, that if an
alternate guardian or coguardian is appointed pursuant to Section
366.3 who is also a kinship guardian, the alternate or coguardian
shall be entitled to receive Kin-GAP on behalf of the child pursuant
to this article.  A new period of 12 months of placement with the
alternate guardian or coguardian shall not be required if that
alternate guardian or coguardian has been assessed pursuant to
Section 361.3 and the court terminates dependency jurisdiction.
  SEC. 35.  Section 11367 of the Welfare and Institutions Code is
amended to read:
   11367.  (a) Kin-GAP, in an amount equal to the then current
Kin-GAP rate, shall be paid utilizing the applicable regional
per-child CalWORKs grant from federal funds received as a part of the
TANF block grant program grant.  The balance of Kin-GAP shall be
paid in equal portions by the state and the counties.
   (b) The department shall seek any federal funds available for
implementation of this article, including, but not limited to, funds
available                                           under Title IV of
the federal Social Security Act (42 U.S.C. Sec. 601 et seq.), unless
doing so would be detrimental to the state General Fund.
Implementation of the Kin-GAP program shall not, however, be
contingent upon receipt of any federal funding.
   (c) Any savings that accrue to the department as a result of this
article shall revert to the General Fund.  Savings that accrue to a
county shall accrue to that county's social services subaccount in
its local health and welfare trust fund.
  SEC. 36.  Section 11372 of the Welfare and Institutions Code is
amended to read:
   11372.  Notwithstanding any other provision of law, the Kinship
Guardianship Assistance Payment Program implemented under this
article is exempt from the provisions of Chapter 2 (commencing with
Section 11200) of Part 3, except Sections 11253.5, and 11265.8, as
long as these exemptions would not jeopardize federal financial
participation in the payment.  Any exemptions exercised pursuant to
this section shall be implemented in accordance with Section 11369.

  SEC. 37.  Section 11374 is added to the Welfare and Institutions
Code, to read:
   11374.  (a) Each county that formally had court ordered
jurisdiction under Section 300 over a child receiving benefits under
the Kin-GAP program shall be responsible for paying the child's aid
regardless of where the child actually resides, so long as the child
resides in California.
   (b) Notwithstanding any other provision of law, when a child
receiving benefits under the CalWORKs program or the AFDC-FC foster
care program becomes eligible for benefits under the Kin-GAP program
during any month, the child shall continue to receive benefits under
the CalWORKs program or the AFDC-FC foster care program, as
appropriate, to the end of that calendar month, and Kin-GAP payments
shall begin the first day of the following month.
  SEC. 38.  Section 11375 is added to the Welfare and Institutions
Code, to read:
   11375.  The following shall apply to any child in receipt of
Kin-GAP benefits:
   (a) He or she is eligible to request and receive independent
living services pursuant to Section 10609.3.
   (b) He or she may retain cash savings, not to exceed ten thousand
dollars ($10,000), including interest, in addition to any other
property accumulated pursuant to Section 11257 or 11257.5.
  SEC. 40.  Section 11461 of the Welfare and Institutions Code is
amended to read:
   11461.  (a) For children placed in a licensed or approved family
home with a capacity of six or less, or in an approved home of a
relative or nonrelated legal guardian, the per child per month rates
in the following schedule shall be in effect for the period July 1,
1989, through December 31, 1989:


          Age                            Basic rate
          0-4 .........................    $ 294
          5-8 .........................      319
          9-11 ........................      340
         12-14 ........................      378
         15-20 ........................      412

   (b) (1) Any county that, as of October 1, 1989, has in effect a
basic rate that is at the levels set forth in the schedule in
subdivision (a), shall continue to receive state participation, as
specified in subdivision (c) of Section 15200, at these levels.
   (2) Any county that, as of October 1, 1989, has in effect a basic
rate that exceeds a level set forth in the schedule in subdivision
(a), shall continue to receive the same level of state participation
as it received on October 1, 1989.
   (c) The amounts in the schedule of basic rates in subdivision (a)
shall be adjusted as follows:
   (1) Effective January 1, 1990, the amounts in the schedule of
basic rates in subdivision (a) shall be increased by 12 percent.
   (2) Effective May 1, 1990, any county that did not increase the
basic rate by 12 percent on January 1, 1990, shall do both of the
following:
   (A) Increase the basic rate in effect December 31, 1989, for which
state participation is received by 12 percent.
   (B) Increase the basic rate, as adjusted pursuant to subparagraph
(A) by an additional 5 percent.
   (3) (A) Except as provided in subparagraph (B), effective July 1,
1990, for the 1990-91 fiscal year, the amounts in the schedule of
basic rates in subdivision (a) shall be increased by an additional 5
percent.
   (B) The rate increase required by subparagraph (A) shall not be
applied to rates increased May 1, 1990, pursuant to paragraph (2).
   (4) Effective July 1, 1998, the amounts in the schedule of basic
rates in subdivision (a) shall be increased by 6 percent.
Notwithstanding any other provision of law, the 6-percent increase
provided for in this paragraph shall, retroactive to July 1, 1998,
apply to every county, including any county to which paragraph (2) of
subdivision (b) applies, and shall apply to foster care for every
age group.
   (5) Notwithstanding any other provision of law, any increase that
takes effect after July 1, 1998, shall apply to every county,
including any county to which paragraph (2) of subdivision (b)
applies, and shall apply to foster care for every age group.
   (6) The increase in the basic foster family home rate shall apply
only to children placed in a licensed foster family home receiving
the basic rate or in an approved home of a relative or nonrelated
legal guardian receiving the basic rate.  The increased rate shall
not be used to compute the monthly amount that may be paid to
licensed foster family agencies for the placement of children in
certified foster homes.
   (d) (1) (A) Beginning with the 1991-92 fiscal year, the schedule
of basic rates in subdivision (a) shall be adjusted by the percentage
changes in the California Necessities Index, computed pursuant to
the methodology described in Section 11453, subject to the
availability of funds.
   (B) In addition to the adjustment in subparagraph (A) effective
January 1, 2000, the schedule of basic rates in subdivision (a) shall
be increased by 2.36 percent rounded to the nearest dollar.
   (2) (A) Any county that, as of the 1991-92 fiscal year, receives
state participation for a basic rate that exceeds the amount set
forth in the schedule of basic rates in subdivision (a) shall receive
an increase each year in state participation for that basic rate of
one-half of the percentage adjustments specified in paragraph (1)
until the difference between the county's adjusted state
participation level for its basic rate and the adjusted schedule of
basic rates is eliminated.
   (B) Notwithstanding subparagraph (A), all counties for the
1999-2000 fiscal year shall receive an increase in state
participation for the basic rate of the entire percentage adjustment
described in paragraph (1).
   (3) If a county has, after receiving the adjustments specified in
paragraph (2), a state participation level for a basic rate that is
below the amount set forth in the adjusted schedule of basic rates
for that fiscal year, the state participation level for that rate
shall be further increased to the amount specified in the adjusted
schedule of basic rates.
   (e) (1) As used in this section, "specialized care increment"
means an approved amount paid with state participation on behalf of
an AFDC-FC child requiring specialized care to a home listed in
subdivision (a) in addition to the basic rate.  On the effective date
of this section, the department shall continue and maintain the
current ratesetting system for specialized care.
   (2) Any county that, as of the effective date of this section, has
in effect specialized care increments that have been approved by the
department, shall continue to receive state participation for those
payments.
   (3) Any county that, as of the effective date of this section, has
in effect specialized care increments that exceed the amounts that
have been approved by the department, shall continue to receive the
same level of state participation as it received on the effective
date of this section.
   (4) (A) Except for subparagraph (B), beginning January 1, 1990,
specialized care increments shall be adjusted in accordance with the
methodology for the schedule of basic rates described in subdivision
(c) and (d).  No county shall receive state participation for any
increases in a specialized care increment which exceeds the
adjustments made in accordance with this methodology.
   (B) Notwithstanding subdivision (e) of Section 11460, for the
1993-94 fiscal year, an amount equal to 5 percent of the State
Treasury appropriation for family homes shall be added to the total
augmentation for the AFDC-FC program in order to provide incentives
and assistance to counties in the area of specialized care.  This
appropriation shall be used, but not limited to, encouraging counties
to implement or expand specialized care payment systems, to recruit
and train foster parents for the placement of children with
specialized care needs, and to develop county systems to encourage
the placement of children in family homes.  It is the intent of the
Legislature that in the use of these funds, federal financial
participation shall be claimed whenever possible.
   (f) (1) As used in this section, "clothing allowance" means the
amount paid with state participation in addition to the basic rate
for the provision of additional clothing for an AFDC-FC child,
including, but not limited to, an initial supply of clothing and
school or other uniforms.
   (2) Any county that, as of the effective date of this section, has
in effect clothing allowances, shall continue to receive the same
level as it received on the effective date of this section.
   (3) Beginning January 1, 1990, except as provided in paragraph
(4), clothing allowances shall be adjusted annually in accordance
with the methodology for the schedule of basic rates described in
subdivision (c) and (d).  No county shall be reimbursed for any
increases in clothing allowances which exceed the adjustments made in
accordance with this methodology.
   (4) For the 2000-01 fiscal year and each fiscal year thereafter,
without a county share of cost, notwithstanding subdivision (c) of
Section 15200, each child shall be entitled to receive a supplemental
clothing allowance of one hundred dollars ($100) per year subject to
the availability of funds.  The clothing allowance shall be used to
supplement, and not supplant, the clothing allowance specified in
paragraph (1).
  SEC. 41.  Section 11462 of the Welfare and Institutions Code is
amended to read:
   11462.  (a) (1) Effective July 1, 1990, foster care providers
licensed as group homes, as defined in departmental regulations,
including public child care institutions, as defined in Section
11402.5, shall have rates established by classifying each group home
program and applying the standardized schedule of rates.  The
department shall collect information from group providers beginning
January 1, 1990, in order to classify each group home program.
   (2) Notwithstanding paragraph (1), foster care providers licensed
as group homes shall have rates established only if the group home is
organized and operated on a nonprofit basis as required under
subdivision (h) of Section 11400.  The department shall terminate the
rate effective January 1, 1993, of any group home not organized and
operated on a nonprofit basis as required under subdivision (h) of
Section 11400.
   (b) A group home program shall be initially classified, for
purposes of emergency regulations, according to the level of care and
services to be provided using a point system developed by the
department and described in the report, "The Classification of Group
Home Programs under the Standardized Schedule of Rates System,"
prepared by the State Department of Social Services, August 30, 1989.

   (c) The rate for each rate classification level (RCL) has been
determined by the department with data from the AFDC-FC Group Home
Rate Classification Pilot Study.  The rates effective July 1, 1990,
were developed using 1985 calendar year costs and reflect adjustments
to the costs for each fiscal year, starting with the 1986-87 fiscal
year, by the amount of the California Necessities Index computed
pursuant to the methodology described in Section 11453.  The data
obtained by the department using 1985 calendar year costs shall be
updated and revised by January 1, 1993.
   (d) As used in this section, "standardized schedule of rates"
means a listing of the 14 rate classification levels, and the single
rate established for each RCL.
   (e) Except as specified in paragraph (1), the department shall
determine the RCL for each group home program on a prospective basis,
according to the level of care and services that the group home
operator projects will be provided during the period of time for
which the rate is being established.
   (1) (A) For new and existing providers requesting the
establishment of an RCL, and for existing group home programs
requesting an RCL increase, the department shall determine the RCL no
later than 13 months after the effective date of the provisional
rate.  The determination of the RCL shall be based on a program audit
of documentation and other information that verifies the level of
care and supervision provided by the group home program during a
period of the two full calendar months or 60 consecutive days,
whichever is longer, preceding the date of the program audit, unless
the group home program requests a lower RCL.  The program audit shall
not cover the first six months of operation under the provisional
rate.  Pending the department's issuance of the program audit report
that determines the RCL for the group home program, the group home
program shall be eligible to receive a provisional rate that shall be
based on the level of care and service that the group home program
proposes it will provide.  The group home program shall be eligible
to receive only the RCL determined by the department during the
pendency of any appeal of the department's RCL determination.
   (B) A group home program may apply for an increase in its RCL no
earlier than two years from the date the department has determined
the group home program's rate, unless the host county, the primary
placing county, or a regional consortium of counties submits to the
department in writing that the program is needed in that county, that
the provider is capable of effectively and efficiently operating the
proposed program, and that the provider is willing and able to
accept AFDC-FC children for placement who are determined by the
placing agency to need the level of care and services that will be
provided by the program.
   (C) To ensure efficient administration of the department's audit
responsibilities, and to avoid the fraudulent creation of records,
group home programs shall make records that are relevant to the RCL
determination available to the department in a timely manner.  Except
as provided in this section, the department may refuse to consider,
for purposes of determining the rate, any documents that are relevant
to the determination of the RCL that are not made available by the
group home provider by the date the group home provider requests a
hearing on the department's RCL determination.  The department may
refuse to consider for purposes of determining the rate, the
following records, unless the group home provider makes the records
available to the department during the field work portion of the
department's program audit:
   (i) Records of each employee's full name, home address,
occupation, and social security number.
   (ii) Time records showing when the employee begins and ends each
work period, meal periods, split shift intervals, and total daily
hours worked.
   (iii) Total wages paid each payroll period.
   (iv) Records required to be maintained by licensed group home
providers under the provisions of Title 22 of the California Code of
Regulations that are relevant to the RCL determination.
   (D) To minimize financial abuse in the startup of group home
programs, when the department's RCL determination is more than three
levels lower than the RCL level proposed by the group home provider,
and the group home provider does not appeal the department's RCL
determination, the department shall terminate the rate of a group
home program 45 days after issuance of its program audit report.
When the group home provider requests a hearing on the department's
RCL determination, and the RCL determined by the director under
subparagraph (E) is more than three levels lower than the RCL level
proposed by the group home provider, the department shall terminate
the rate of a group home program within 30 days of issuance of the
director's decision.  Notwithstanding the reapplication provisions in
subparagraph (B), the department shall deny any request for a new or
increased RCL from a group home provider whose RCL is terminated
pursuant to this subparagraph, for a period of no greater than two
years from the effective date of the RCL termination.
   (E) A group home provider may request a hearing of the department'
s RCL determination under subparagraph (A) no later than 30 days
after the date the department issues its RCL determination.  The
department's RCL determination shall be final if the group home
provider does not request a hearing within the prescribed time.
Within 60 days of receipt of the request for hearing, the department
shall conduct a hearing on the RCL determination.  The standard of
proof shall be the preponderance of the evidence and the burden of
proof shall be on the department.  The hearing officer shall issue
the proposed decision within 45 days of the close of the evidentiary
record.  The director shall adopt, reject, or modify the proposed
decision, or refer the matter back to the hearing officer for
additional evidence or findings within 100 days of issuance of the
proposed decision.  If the director takes no action on the proposed
decision within the prescribed time, the proposed decision shall take
effect by operation of law.
   (2) Group home programs that fail to maintain at least the level
of care and services associated with the RCL upon which their rate
was established shall inform the department.  The department shall
develop regulations specifying procedures to be applied when a group
home fails to maintain the level of services projected, including,
but not limited to, rate reduction and recovery of overpayments.
   (3) The department shall not reduce the rate, establish an
overpayment, or take other actions pursuant to paragraph (2) for any
period that a group home program maintains the level of care and
services associated with the RCL for children actually residing in
the facility.  Determinations of levels of care and services shall be
made in the same way as modifications of overpayments are made
pursuant to paragraph (2) of subdivision (b) of Section 11466.2.
   (4) A group home program that substantially changes its staffing
pattern from that reported in the group home program statement shall
provide notification of this change to all counties that have placed
children currently in care.  This notification shall be provided
whether or not the RCL for the program may change as a result of the
change in staffing pattern.
   (f) The standardized schedule of rates for fiscal year 1998-99 is:




         Rate            Point Ranges        FY 1998-99
     Classification                           Standard
         Level                                  Rate
           1               Under 60            $1,254
           2                 60- 89             1,567
           3                 90-119             1,879
           4                120-149             2,191
           5                150-179             2,502
           6                180-209             2,815
           7                210-239             3,127
           8                240-269             3,440
           9                270-299             3,751
          10                300-329             4,064
          11                330-359             4,375
          12                360-389             4,688
          13                390-419             5,003
          14                420 & Up            5,314

   (g) (1) (A) For the 1999-2000 fiscal year, the standardized rate
for each RCL shall be adjusted by an amount equal to the California
Necessities Index computed pursuant to the methodology described in
Section 11453.  The resultant amounts shall constitute the new
standardized schedule of rates, subject to further adjustment
pursuant to subparagraph (B).
   (B) In addition to the adjustment in subparagraph (A), commencing
January 1, 2000, the standardized rate for each RCL shall be
increased by 2.36 percent, rounded to the nearest dollar.  The
resultant amounts shall constitute the new standardized schedule of
rates.
   (2) Beginning with the 2000-01 fiscal year, the standardized
schedule of rates shall be adjusted annually by an amount equal to
the CNI computed pursuant to Section 11453, subject to the
availability of funds.  The resultant amounts shall constitute the
new standardized schedule of rates.
   (3) Effective January 1, 2001, the amount included in the standard
rate for each Rate Classification Level for the salaries, wages, and
benefits for staff providing child care and supervision or
performing social work activities, or both, shall be increased by 10
percent.  This additional funding shall be used by group home
programs solely to supplement staffing, salaries, wages, and benefit
levels of staff specified in this paragraph.  The standard rate for
each RCL shall be recomputed using this adjusted amount and the
resultant rates shall constitute the new standardized schedule of
rates.  The department may require a group home receiving this
additional funding to certify that the funding was utilized in
accordance with the provisions of this section.
   (h) The standardized schedule of rates pursuant to subdivisions
(f) and (g) shall be implemented as follows:
   (1) Any group home program which received an AFDC-FC rate in the
prior fiscal year at or above the standard rate for the RCL in the
current fiscal year shall continue to receive that rate.
   (2) Any group home program which received an AFDC-FC rate in the
prior fiscal year below the standard rate for the RCL in the current
fiscal year shall receive the RCL rate for the current year.
   (i) (1) The department shall not establish a rate for a new
program of a new or existing provider unless the provider submits a
recommendation from the host county, the primary placing county, or a
regional consortium of counties that the program is needed in that
county; that the provider is capable of effectively and efficiently
operating the program; and that the provider is willing and able to
accept AFDC-FC children for placement who are determined by the
placing agency to need the level of care and services that will be
provided by the program.
   (2) The department shall encourage the establishment of consortia
of county placing agencies on a regional basis for the purpose of
making decisions and recommendations about the need for, and use of,
group home programs and other foster care providers within the
regions.
   (3) The department shall annually conduct a county-by-county
survey to determine the unmet placement needs of children placed
pursuant to Section 300 and Section 601 or 602, and shall publish its
findings by November 1 of each year.
   (j) The department shall develop regulations specifying
ratesetting procedures for program expansions, reductions, or
modifications, including increases or decreases in licensed capacity,
or increases or decreases in level of care or services.
   (k) (1) For the purpose of this subdivision, "program change"
means any alteration to an existing group home program planned by a
provider that will increase the RCL or AFDC-FC rate.  An increase in
the licensed capacity or other alteration to an existing group home
program that does not increase the RCL or AFDC-FC rate shall not
constitute a program change.
   (2) For the 1998-99, 1999-2000, and 2000-01 fiscal years, the rate
for a group home program shall not increase, as the result of a
program change, from the rate established for the program effective
July 1, 2000, and as adjusted pursuant to subparagraph (B) of
paragraph (1) of subdivision (g), except as provided in paragraph
(3).
   (3) (A) For the 1998-99, 1999-2000, and 2000-01 fiscal years, the
department shall not establish a rate for a new program of a new or
existing provider or approve a program change for an existing
provider that either increases the program's RCL or AFDC-FC rate, or
increases the licensed capacity of the program as a result of
decreases in another program with a lower RCL or lower AFDC-FC rate
that is operated by that provider, unless both of the conditions
specified in this paragraph are met.
   (i) The licensee obtains a letter of recommendation from the host
county, primary placing county, or regional consortium of counties
regarding the proposed program change or new program.
   (ii) The county determines that there is no increased cost to the
General Fund.
   (B) Notwithstanding subparagraph (A), the department may grant a
request for a new program or program change, not to exceed 25 beds,
statewide, if (i) the licensee obtains a letter of recommendation
from the host county, primary placing county, or regional consortium
of counties regarding the proposed program change or new program, and
(ii) the new program or program change will result in a reduction of
referrals to state hospitals during the 1998-99 fiscal year.
   (l) General unrestricted or undesignated private charitable
donations and contributions made to charitable or nonprofit
organizations shall not be deducted from the cost of providing
services pursuant to this section.  The donations and contributions
shall not be considered in any determination of maximum expenditures
made by the department.
   (m) The department shall, by October 1 each year, commencing
October 1, 1992, provide the Joint Legislative Budget Committee with
a list of any new departmental requirements established during the
previous fiscal year concerning the operation of group homes, and of
any unusual, industrywide increase in costs associated with the
provision of group care which may have significant fiscal impact on
providers of group homes care.  The committee may, in fiscal year
1993-94 and beyond, use the list to determine whether an
appropriation for rate adjustments is needed in the subsequent fiscal
year.
           SEC. 42.  Section 11463 of the Welfare and Institutions
Code is amended to read:
   11463.  (a) The department, with the advice, assistance, and
cooperation of the counties and foster care providers, shall develop,
implement, and maintain a ratesetting system for foster family
agencies.
   No county shall be reimbursed for any percentage increases in
payments, made on behalf of AFDC-FC funded children who are placed
with foster family agencies, which exceed the percentage
cost-of-living increase provided in any fiscal year beginning on
January 1, 1990, as specified in subdivision (c) of Section 11461.
   (b) The department shall develop regulations specifying the
purposes, types, and services of foster family agencies, including
the use of those agencies for the provision of emergency shelter
care.  Distinction for ratesetting purposes shall be drawn between
foster family agencies which provide treatment of children in foster
families and those which provide nontreatment services.
   (c) The department shall develop and maintain regulations
specifying the procedure for the appeal of department decisions about
the setting of an agency's rate.
   (d) On and after July 1, 1998, the schedule of rates, and the
components used in the rate calculations specified in the department'
s regulations, for foster family agencies shall be increased by 6
percent, rounded to the nearest dollar. The resultant amounts shall
constitute the new schedule of rates for foster family agencies.
   (e) (1) On and after July 1, 1999, the schedule of rates and the
components used in the rate calculations specified in the department'
s regulations for foster family agencies shall be adjusted by an
amount equal to the California Necessities Index computed pursuant to
Section 11453, rounded to the nearest dollar, subject to the
availability of funds.  The resultant amounts shall constitute the
new schedule of rates for foster family agencies, subject to further
adjustment pursuant to paragraph (2).
   (2) In addition to the adjustment specified in paragraph (1),
commencing January 1, 2000, the schedule of rates and the components
used in the rate calculations specified in the department's
regulations for foster family agencies shall be increased by 2.36
percent, rounded to the nearest dollar.  The resultant amounts shall
constitute the new schedule of rates for foster family agencies.
   (f) For the 1999-2000 fiscal year, foster family agency rates that
are not determined by the schedule of rates set forth in the
department's regulations, shall be increased by the same percentage
as provided in subdivision (e).
   (g) For the 2000-01 fiscal year and each fiscal year thereafter,
without a county share of cost, notwithstanding subdivision (c) of
Section 15200, the foster family agency rate shall be supplemented by
one hundred dollars ($100) for clothing per year per child in care,
subject to the availability of funds.  The supplemental payment shall
be used to supplement, and shall not be used to supplant, any
clothing allowance paid in addition to the foster family agency rate.

   (h) In addition to the adjustment made pursuant to subdivision
(e), the component for social work activities in the rate calculation
specified in the department's regulations for foster family agencies
shall be increased by 10 percent, effective January 1, 2001.  This
additional funding shall be used by foster family agencies solely to
supplement staffing, salaries, wages, and benefit levels of staff
performing social work activities.  The schedule of rates shall be
recomputed using the adjusted amount for social work activities.  The
resultant amounts shall constitute the new schedule of rates for
foster family agencies.  The department may require a foster family
agency receiving this additional funding to certify that the funding
was utilized in accordance with the provisions of this section.
  SEC. 43.  Section 11465.6 is added to the Welfare and Institutions
Code, to read:
   11465.6.  (a) Up to five counties selected by the department, and
at the discretion of the counties, may implement a countywide program
for licensed family homes and relative caregivers receiving payments
under this chapter under which they may receive reimbursement for
the cost of licensed child care for each foster child under 13 years
of age in the care of the licensed family home or the relative
caregiver, during any period that any of the following apply:
   (1) The foster parent or relative caregiver is working outside the
home.
   (2) The foster parent or relative caregiver is participating in
foster care training.
   (3) The foster parent or relative caregiver is fulfilling
necessary foster care-related administrative duties, such as
conferences and judicial reviews that are not ordinarily parental
duties.
   (b) A foster family home shall only receive a reimbursement for
child care that is provided by a licensed provider and if an
agreement has been documented in the child's case plan.
   (c) The cost for reimbursements authorized by this section shall
be shared equally between the state and the county.  Funds
appropriated pursuant to Chapter 6 (commencing with Section 17600) of
Part 5 shall not be used to meet the county match requirement under
this section.
   (d) The department shall, in consultation with participating
counties, establish rates of child care reimbursement under this
section.
   (e) Of the five counties to be selected, the department shall
select, at minimum, one large county, one medium county, and one
small county, based on population size if a county from each category
submits a written expression of its desire to participate.  In
addition, the department shall give priority to any county that meets
both of the following criteria:
   (1) The county has experienced a net loss in the total number of
licensed foster family homes.
   (2) The county has demonstrated a deficit in the number of
licensed foster family beds for the county's population of foster
children requiring out-of-home placement.
   (f) Each participating county shall report to the department on an
annual basis.  The information to be reported to the department
shall be determined by the department in consultation with the County
Welfare Director's Association.  At a minimum, the annual report
shall include the number of foster parents claiming a child care
reimbursement, the number of children served under this section, and
an analysis of the impact of the child care reimbursement on the
recruitment and retention of licensed foster home providers.  The
department shall provide the appropriate policy and fiscal committees
of the Legislature with a report of the use of child care pursuant
to this section on or before June 30, 2003.
   (g) The department may issue emergency regulations for the purpose
of implementing this section.
  SEC. 44.  Section 11467.2 is added to the Welfare and Institutions
Code, to read:
   11467.2.  (a) The department shall contract with an independent
evaluator to conduct a study of alternative funding mechanisms for
group home care in California and to formulate a proposed funding
system for the care and supervision of children who are placed in
group home care.  The independent evaluator shall consider and
evaluate alternative funding mechanisms, including, but not limited
to, cost-based rates, individual client needs-based rates, managed
care rates, program type rates, and negotiated rates, and shall
propose a specific mechanism and procedure, for children subject to
Sections 300 or 602 who are placed in group homes.  The study shall
consider empirical research, current foster care program service
needs, other state funding systems,  and any other relevant data,
including information obtained from the final report regarding the
Reexamination of the Role of Group Care Within a Family Based System
of Care, as mandated by Chapter 311 of the Statutes of 1998.
   (b) The department shall convene a steering committee to provide
direction for the study, which shall be comprised of appropriate
state and county agencies, as well as group home providers, current
or former foster youth, and other interested parties.
   (c) The department shall provide a copy of the final report
submitted pursuant to subdivision (a) to the appropriate fiscal and
policy committees of the Legislature on or before October 1, 2001.
Any proposal or recommendations submitted pursuant to this section
shall not become effective unless enacted pursuant to statute.
   (d) Pending completion of a new rate system, this section shall
not be construed in any way to prohibit recognition through the
budget process of the costs of operating under the current rate
system or the consideration of rate adjustments.
  SEC. 44.2.  Section 12301.6 of the Welfare and Institutions Code is
amended to read:
   12301.6.  (a) Notwithstanding Sections 12302 and 12302.1, a county
board of supervisors may, at its option, elect to do either of the
following:
   (1) Contract with a nonprofit consortium to provide for the
delivery of in-home supportive services.
   (2) Establish, by ordinance, a public authority to provide for the
delivery of in-home supportive services.
   (b) (1) To the extent that a county elects to establish a public
authority pursuant to paragraph (2) of subdivision (a), the enabling
ordinance shall specify the membership of the governing body of the
public authority, the qualifications for individual members, the
manner of appointment, selection, or removal of members, how long
they shall serve, and other matters as the board of supervisors deems
necessary for the operation of the public authority.
   (2) A public authority established pursuant to paragraph (2) of
subdivision (a) shall be both of the following:
   (A) An entity separate from the county, and shall be required to
file the statement required by Section 53051 of the Government Code.

   (B) A corporate public body, exercising public and essential
governmental functions and that has all powers necessary or
convenient to carry out the delivery of in-home supportive services,
including the power to contract for services pursuant to Sections
12302 and 12302.1 and that makes or provides for direct payment to a
provider chosen by the recipient for the purchase of services
pursuant to Sections 12302 and 12302.2.  Employees of the public
authority shall not be employees of the county for any purpose.
   (3) (A) As an alternative, the enabling ordinance may designate
the board of supervisors as the governing body of the public
authority.
   (B) Any enabling ordinance that designates the board of
supervisors as the governing body of the public authority shall also
specify that no fewer than 50 percent of the membership of the
advisory committee shall be individuals who are current or past users
of personal assistance services paid for through public or private
funds or recipients of services under this article.
   (C) If the enabling ordinance designates the board of supervisors
as the governing body of the public authority, it shall also require
the appointment of an advisory committee of not more than 11
individuals who shall be designated in accordance with subparagraph
(B).
   (D) Prior to making designations of committee members pursuant to
subparagraph (C), or governing body members in accordance with
paragraph (4), the board of supervisors shall solicit recommendations
of qualified members of either the governing body of the public
authority or of any advisory committee through a fair and open
process that includes the provision of reasonable, written notice to,
and a reasonable response time by, members of the general public and
interested persons and organizations.
   (4) If the enabling ordinance does not designate the board of
supervisors as the governing body of the public authority, the
enabling ordinance shall require the membership of the governing body
to meet the requirements of subparagraph (B) of paragraph (3).
   (c) (1) Any public authority created pursuant to this section
shall be deemed to be the employer of in-home supportive services
personnel referred to recipients under paragraph (3) of subdivision
(d) within the meaning of Chapter 10 (commencing with Section 3500)
of Division 4 of Title 1 of the Government Code.  Recipients shall
retain the right to hire, fire, and supervise the work of any in-home
supportive services personnel providing services to them.
   (2) (A) Any nonprofit consortium contracting with a county
pursuant to this section shall be deemed to be the employer of
in-home supportive services personnel referred to recipients pursuant
to paragraph (3) of subdivision (d) for the purposes of collective
bargaining over wages, hours, and other terms and conditions of
employment.
   (B) Recipients shall retain the right to hire, fire, and supervise
the work of any in-home supportive services personnel providing
services for them.
   (d) A public authority established pursuant to this section or a
nonprofit consortium contracting with a county pursuant to this
section, when providing for the delivery of services under this
article by contract in accordance with Sections 12302 and 12302.1 or
by direct payment to a provider chosen by a recipient in accordance
with Sections 12302 and 12302.2, shall comply with and be subject to,
all statutory and regulatory provisions applicable to the respective
delivery mode.
   (e) Any nonprofit consortium contracting with a county pursuant to
this section or any public authority established pursuant to this
section shall provide for all of the following functions under this
article, but shall not be limited to those functions:
   (1) The provision of assistance to recipients in finding in-home
supportive services personnel through the establishment of a
registry.
   (2) Investigation of the qualifications and background of
potential personnel.
   (3) Establishment of a referral system under which in-home
supportive services personnel shall be referred to recipients.
   (4) Providing for training for providers and recipients.
   (5) Performing any other functions related to the delivery of
in-home supportive services.
   (6) Ensuring that the requirements of the personal care option
pursuant to Subchapter 19 (commencing with Section 1396) of Chapter 7
of Title 42 of the United States Code are met.
   (f) (1) Any nonprofit consortium contracting with a county
pursuant to this section or any public authority created pursuant to
this section shall be deemed not to be the employer of in-home
supportive services personnel referred to recipients under this
section for purposes of liability due to the negligence or
intentional torts of the in-home supportive services personnel.
   (2) In no case shall a nonprofit consortium contracting with a
county pursuant to this section or any public authority created
pursuant to this section be held liable for action or omission of any
in-home supportive services personnel whom the nonprofit consortium
or public authority did not list on its registry or otherwise refer
to a recipient.
   (3) Counties and the state shall be immune from any liability
resulting from their implementation of this section in the
administration of the In-Home Supportive Services Program.  Any
obligation of the public authority or consortium pursuant to this
section, whether statutory, contractual, or otherwise, shall be the
obligation solely of the public authority or nonprofit consortium,
and shall not be the obligation of the county or state.
   (g) Any nonprofit consortium contracting with a county pursuant to
this section shall ensure that it has a governing body that complies
with the requirements of subparagraph (B) of paragraph (3) of
subdivision (b) or an advisory committee that complies with
subparagraphs (B) and (C) of paragraph (3) of subdivision (b).
   (h) Recipients of services under this section may elect to receive
services from in-home supportive services personnel who are not
referred to them by the public authority or nonprofit consortium.
Those personnel shall be referred to the public authority or
nonprofit consortium for the purposes of wages, benefits, and other
terms and conditions of employment.
   (i) Nothing in this section shall be construed to affect the state'
s responsibility with respect to the state payroll system,
unemployment insurance, or workers' compensation and other provisions
of Section 12302.2 for providers of in-home supportive services.
Any county that elects to provide in-home supportive services
pursuant to this section shall be responsible for any increased costs
to the in-home supportive services case management, information, and
payrolling system attributable to that election.  The department
shall collaborate with any county that elects to provide in-home
supportive services pursuant to this section prior to implementing
the amount of financial obligation for which the county shall be
responsible.
   (j) To the extent permitted by federal law, personal care option
funds, obtained pursuant to Subchapter 19 (commencing with Section
1396) of Chapter 7 of Title 42 of the United States Code, along with
matching funds using the state and county sharing ratio established
in subdivision (c) of Section 12306, or any other funds that are
obtained pursuant to Subchapter 19 (commencing with Section 1396) of
Chapter 7 of Title 42 of the United States Code, may be used to
establish and operate an entity authorized by this section.
   (k) Notwithstanding any other provision of law, the county, in
exercising its option to establish a public authority, shall not be
subject to competitive bidding requirements.  However, contracts
entered into by either the county, a public authority, or a nonprofit
consortium pursuant to this section shall be subject to competitive
bidding as otherwise required by law.
   (l) (1) The department may adopt regulations implementing this
section as emergency regulations in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code. For the purposes of the Administrative
Procedure Act, the adoption of the regulations shall be deemed an
emergency and necessary for the immediate preservation of the public
peace, health and safety, or general welfare. Notwithstanding Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code, these emergency regulations shall not be
subject to the review and approval of the Office of Administrative
Law.
   (2) Notwithstanding subdivision (h) of Section 11364.1 and Section
11349.6 of the Government Code, the department shall transmit these
regulations directly to the Secretary of State for filing.  The
regulations shall become effective immediately upon filing by the
Secretary of State.
   (3) Except as otherwise provided for by Section 10554, the Office
of Administrative Law shall provide for the printing and publication
of these regulations in the California Code of Regulations.
Emergency regulations adopted pursuant to this subdivision shall
remain in effect for no more than 180 days.
   (m) (1) In the event that a county elects to form a nonprofit
consortium or public authority pursuant to subdivision (a) before the
State Department of Health Services has obtained all necessary
federal approvals pursuant to paragraph (3) of subdivision (j) of
Section 14132.95, all of the following shall apply:
   (A) Subdivision (c) shall apply only to those matters that do not
require federal approval.
   (B) The second sentence of subdivision (g) shall not be operative.

   (C) The nonprofit consortium or public authority shall not provide
services other than those specified in paragraphs (1), (2), (3),
(4), and (5) of subdivision (d).
   (2) Paragraph (1) shall become inoperative when the State
Department of Health Services has obtained all necessary federal
approvals pursuant to paragraph (3) of subdivision (j) of Section
14132.95.
   (n) (1) One year after the effective date of the first approval by
the department granted to the first public authority, the Bureau of
State Audits shall commission a study to review the performance of
that public authority.
   (2) The study shall be submitted to the Legislature and the
Governor not later than two years after the effective date of the
approval specified in subdivision (a).  The study shall give special
attention to the health and welfare of the recipients under the
public authority, including the degree to which all required services
have been delivered, out-of-home placement rates, prompt response to
recipient complaints, and any other issue the director deems
relevant.
   (3) The report shall make recommendations to the Legislature and
the Governor for any changes to this section that will further ensure
the well-being of recipients and the most efficient delivery of
required services.
   (o) Commencing July 1, 1997, the department shall provide annual
reports to the appropriate fiscal and policy committees of the
Legislature on the efficacy of the implementation of this section,
and shall include an assessment of the quality of care provided
pursuant to this section.
  SEC. 44.4.  Section 12306.1 of the Welfare and Institutions Code is
repealed.
  SEC. 44.6.  Section 12306.1 is added to the Welfare and
Institutions Code, to read:
   12306.1.  (a) When any increase in provider wages or benefits is
negotiated or agreed to by a public authority or nonprofit consortium
under Section 12301.6, then the county shall use county-only funds
to fund both the county share and the state share, including
employment taxes, of any increase in the cost of the program, unless
otherwise provided for in the annual Budget Act or appropriated by
statute.  No increase in wages or benefits negotiated or agreed to
pursuant to this section shall take effect unless and until, prior to
its implementation, the department has obtained the approval of the
State Department of Health Services for the increase pursuant to a
determination that it is consistent with federal law and to ensure
federal financial participation for the services under Title XIX of
the federal Social Security Act, and unless and until all of the
following conditions have been met:
   (1) Each county has provided the department with documentation of
the approval of the county board of supervisors of the proposed
public authority of nonprofit consortium rate, including wages and
related expenditures.  The documentation shall be received by the
department before the department and the State Department of Health
Services may approve the increase.
   (2) Each county has met department guidelines and regulatory
requirements as a condition of receiving state participation in the
rate.
   (b) Any rate approved pursuant to subdivision (a) shall take
effect commencing on the first day of the month subsequent to the
month in which final approval is received from the department.  The
department may grant approval on a conditional basis, subject to the
availability of funding.
   (c) The state shall pay 65 percent, and each county shall pay 35
percent, of the nonfederal share of wage and benefit increases
negotiated by a public authority or nonprofit consortium pursuant to
Section 12301.6 and associated employment taxes, only in accordance
with subdivisions (d) to (f), inclusive.
   (d) (1) The state shall participate as provided in subdivision (c)
in wages up to seven dollars and fifty cents ($7.50) per hour and
individual health benefits up to sixty cents ($0.60) per hour for all
public authority or nonprofit consortium providers.  This paragraph
shall be operative for the 2000-01 fiscal year and each year
thereafter unless otherwise provided in paragraphs (2), (3), (4), and
(5).
   (2) The state shall participate as provided in subdivision (c) in
a total of wages and individual health benefits up to nine dollars
and ten cents ($9.10) per hour, if wages have reached at least seven
dollars and fifty cents ($7.50) per hour.  Counties shall determine,
pursuant to the collective bargaining process provided for in
subdivision (c) of Section 12301.6, what portion of the nine dollars
and ten cents ($9.10) per hour shall be used to fund wage increases
above seven dollars and fifty cents ($7.50) per hour or individual
health benefit increases, or both.  This paragraph shall be operative
commencing with the next state fiscal year for which the May
Revision forecast of General Fund revenue, excluding transfers,
exceeds by at least 5 percent, the most current estimate of revenues,
excluding transfers, for the year in which paragraph (1) became
operative.
   (3) The state shall participate as provided in subdivision (c) in
a total of wages and individual health benefits up to ten dollars and
ten cents ($10.10) per hour, if wages have reached at least seven
dollars and fifty cents ($7.50) per hour.  Counties shall determine,
pursuant to the collective bargaining process provided for in
subdivision (c) of Section 12301.6, what portion of the ten dollars
and ten cents ($10.10) per hour shall be used to fund wage increases
above seven dollars and fifty cents ($7.50) per hour or individual
health benefit increases, or both.  This paragraph shall be operative
commencing with the next state fiscal year for which the May
Revision forecast of General Fund revenue, excluding transfers,
exceeds by at least 5 percent, the most current estimate of revenue,
excluding transfers, for the year in which paragraph (2) became
operative.
   (4) The state shall participate as provided in subdivision (c) in
a total of wages and individual health benefits up to eleven dollars
and ten cents ($11.10) per hour, if wages have reached at least seven
dollars and fifty cents ($7.50) per hour.  Counties shall determine,
pursuant to the collective bargaining process provided for in
subdivision (c) of Section 12301.6, what portion of the eleven
dollars and ten cents ($11.10) per hour shall be used to fund wage
increases or individual health benefits, or both.  This paragraph
shall be operative commencing with the next state fiscal year for
which the May Revision forecast of General Fund revenue, excluding
transfers, exceeds by at least 5 percent, the most current estimate
of revenues, excluding transfers, for the year in which paragraph (3)
became operative.
   (5) The state shall participate as provided in subdivision (c) in
a total cost of wages and individual health benefits up to twelve
dollars and ten cents ($12.10) per hour, if wages have reached at
least seven dollars and fifty cents ($7.50) per hour.  Counties shall
determine, pursuant to the collective bargaining process provided
for in subdivision (c) of Section 12301.6, what portion of
                                         the twelve dollars and ten
cents ($12.10) per hour shall be used to fund wage increases above
seven dollars and fifty cents ($7.50) per hour or individual health
benefit increases, or both.  This paragraph shall be operative
commencing with the next state fiscal year for which the May Revision
forecast of General Fund revenue, excluding transfers, exceeds by at
least 5 percent, the most current estimate of revenues, excluding
transfers, for the year in which paragraph (4) became operative.
   (e) (1) On or before May 14 immediately prior to the fiscal year
for which state participation is provided under paragraphs (2) to
(5), inclusive, of subdivision (d), the Director of Finance shall
certify to the Governor, the appropriate committees of the
Legislature, and the department that the condition for each
subdivision to become operative has been met.
   (2) For purposes of certifications under paragraph (1), the
General Fund revenue forecast, excluding transfers, that is used for
the relevant fiscal year shall be calculated in a manner that is
consistent with the definition of General Fund revenues, excluding
transfers, that was used by the Department of Finance in the 2000-01
Governor's Budget revenue forecast as reflected on Schedule 8 of the
Governor's Budget.
   (f) Any increase in state participation in wage and benefit
increases under paragraphs (2) to (5), inclusive, of subdivision (d),
shall be limited to an increase of one dollar ($1) per hour with
respect to any fiscal year.
  SEC. 44.8.  Section 12306.2 is added to the Welfare and
Institutions Code, to read:
   12306.2.  (a) Notwithstanding any other provision of law, for the
2000-01 fiscal year, the state shall pay 65 percent and each county
shall pay 35 percent of the nonfederal share of any increase to
individual provider wages a county chooses to grant, up to 3 percent
above the statewide minimum wage.
   (b) This section shall not apply to providers who are employees of
a public authority or nonprofit consortium pursuant to Section
12301.6.
   (c) This section shall be operative on January 1, 2001.
  SEC. 45.  Section 12306.3 is added to the Welfare and Institutions
Code, to read:
   12306.3.  In consultation with stakeholder organizations,
including, but not limited to, the California State Association of
Counties and employee organizations representing in-home supportive
service workers, the department shall develop and evaluate various
options for providing health care benefits for uninsured individual
in-home supportive services providers who are not employees of a
public authority or nonprofit consortium under Section 12301.6.  The
department shall report its findings and recommendations to the
Legislature by January 15, 2001.
  SEC. 46.  Section 13002 of the Welfare and Institutions Code is
amended to read:
   13002.  From the funds described in Section 13001 each county
shall receive three allocations.  The first allocation shall be for
support of Child Welfare Services as defined in Chapter 5 (commencing
with Section 16500 of Part 4).  This allocation shall be known as
the Child Welfare Services Grant.  The second allocation shall be for
support of protective services and foster care services for adults,
information and referral services, transportation to and from health
care facilities, and other services directed at the five national
goals specified in Section 13003.  This allocation shall be known as
the County Services Block Grant.  The third allocation shall be for
in-home supportive services administration.  The notice of such
action must be provided at least seven days prior to the meeting at
which such action is to be taken.  Such notice shall be provided in
the same manner as the county provides notice for its regularly
scheduled meetings.  Funds from the Child Welfare Services Grant and
the County Services Block Grant and the in-home supportive services
administration allocations shall be available only when matched by
county funds pursuant to the provisions of Part 1.5 (commencing with
Section 10100).
  SEC. 47.  Section 14021.35 is added to the Welfare and Institutions
Code, to read:
   14021.35.  (a) The State Department of Alcohol and Drug Programs
shall prepare amendments to the medicaid state plan in order to
obtain federal financial participation for Drug-Medi-Cal Program
provisions contained in subdivision (b) of Section 11758.46 of the
Health and Safety Code.  The department shall review the recommended
state plan amendments prepared by the State Department of Alcohol and
Drug Programs.  If the department determines that the recommended
state plan amendments satisfy federal requirements for federal
financial participation, the department shall submit an amendment to
the medicaid state plan for medical assistance under Section 1915(g)
of the federal Social Security Act (Title 42 U.S.C. Sec. 1396n(g)),
to implement Drug-Medi-Cal Program provisions contained in
subdivision (b) of Section 11758.46 of the Health and Safety Code.
   (b) Upon federal approval for federal financial assistance, the
department, in consultation with the State Department of Alcohol and
Drug Programs, shall define the new services, as needed, shall
establish the standards under which those services qualify as
Drug-Medi-Cal reimbursable services, and shall develop appropriate
rates of reimbursement for those services, subject to utilization
controls.
  SEC. 48.  Section 15200.05 of the Welfare and Institutions Code is
amended to read:
   15200.05.  (a) Federal block grant funds received for the
Temporary Assistance for Needy Families program pursuant to subtitle
A (commencing with Section 401) of Title IV of the federal Social
Security Act (42 U.S.C.  Sec.  601 et seq.) may be deposited in, and
shall be administered through, the Temporary Assistance for Needy
Families Fund, which is hereby created in the State Treasury.  Upon
authorization by the Director of Finance, special accounts may be
established within this fund, and the fund may be used in accounting
for any federal Temporary Assistance for Needy Families block grant
funds received from the federal government after August 22, 1996.
   (b) A fund condition statement for the federal block grant
received for the Temporary Assistance for Needy Families program
shall be provided to the Department of Finance with the estimates
submitted pursuant to subdivision (d) of Section 10614 whether or not
the Temporary Assistance for Needy Families Fund created by this
section is used for the deposit and administration of those moneys.

  SEC. 49.  Section 15204.3 of the Welfare and Institutions Code is
amended to read:
   15204.3.  (a) Beginning in the 2000-01 fiscal year, allocation of
funds provided under Section 15204.2 shall be made, in the case of
funds for benefits administration and employment services, based on
projected county costs and subject to funds appropriated in the
annual Budget Act for operating the CalWORKs program under Chapter 2
(commencing with Section 11200).  By November 1, 1999, the department
and the County Welfare Directors Association shall jointly develop
the specific components of this budgeting methodology, including a
process for ensuring that costs funded under the methodology are
reasonable and consistent with the requirements of this chapter.  It
is the intent of the Legislature that limited-term housing assistance
be considered as part of the cost-based allocation methodology,
where appropriate.
   (b) No later than November 1, 2002, the Welfare Reform Steering
Committee shall review the efficacy of the methodology in subdivision
(a) and make recommendations, if any, for modification to the
methodology.
   (c) In the 1997-98 fiscal year, additional funds for
welfare-to-work administration above GAIN allocation in the 1996-97
fiscal year shall be distributed among the counties with two-thirds
allocated to all counties based on each county's share of adults
aided under Chapter 2 (commencing with Section 11200).  The remaining
one-third shall be allocated among only those counties that in the
prior year received an allocation per average aided adult at a level
less than the statewide average, and shall be distributed among those
counties so that they each receive the same overall allocation per
average aided adult for welfare-to-work administration.
   (d) For purposes of this section, and subject to funds
appropriated in the annual Budget Act, no county shall receive less
for employment services than what was received in the 1997-98 fiscal
year allocation for welfare-to-work administration  unless a county
projects that its cost will be less than its 1997-98 fiscal year
allocation for employment services.
  SEC. 50.  Section 16001.7 is added to the Welfare and Institutions
Code, to read:
   16001.7.  (a) The department shall promote the participation of
current and former foster youth in the development of state foster
care and child welfare policy.  Subject to the availability of funds,
the department shall contract with the California Youth Connection
to provide technical assistance and outreach to current and former
foster youth.  In executing this contract, the responsibilities of
the California Youth Connection shall include, but are not limited
to, all of the following:
   (1) Providing leadership training to current and former foster
youth between the ages of 14 and 21 years.
   (2) Providing outreach and technical assistance to current and
former foster youth to form and maintain California Youth Connection
chapters, including recruiting and training adult volunteer
supporters.
   (3) Enabling foster youth to be represented in policy discussions
pertinent to foster care and child welfare issues.
   (4) Enhancing the well-being of foster youth and increasing public
understanding of foster care and child welfare issues.
   (5) Developing educational materials and forums related to foster
care.
   (b) Funds provided to the California Youth Connection pursuant to
the contract shall not be used for activities not allowed under
federal law relating to the receipt of federal financial
participation for independent living services, including, but not
limited to, lobbying and litigation.
  SEC. 52.  Section 18918 is added to the Welfare and Institutions
Code, to read:
   18918.  Not later than January 15, 2001, the State Department of
Social Services, in conjunction with the State Department of Health
Services and appropriate stakeholders, shall develop and submit to
the Legislature a community outreach and education campaign to help
families learn about, and apply for, the federal Food Stamp Program
and the California Food Assistance Program.  At a minimum, the plan
shall include the following:
   (a) Specific milestones and objectives proposed to be completed
for the upcoming year and their anticipated cost.
   (b) A general description of each strategy or method to be used
for outreach.
   (c) Geographic areas and special populations to be targeted, if
any, and why the special targeting is needed.
   (d) Coordination with other state or county education and outreach
efforts.
   (e) The results of previous years' outreach efforts.
   (1) If necessary to obtain federal financial participation the
food stamp outreach plan shall be submitted to the United States
Department of Agriculture not later than January 15, 2001.  The state
share of the funding shall be subject to appropriation in the annual
Budget Act and may be funded through the General Fund or other state
or local funding sources, as appropriate.
   (2) After submission of the initial plan, it shall be updated
annually and submitted to the Legislature by April 1 for the
following year.
  SEC. 53.  Section 18930 of the Welfare and Institutions Code is
amended to read:
   18930.  (a) The State Department of Social Services shall
establish a Food Assistance Program to provide assistance for those
persons described in subdivision (b).  The department shall enter
into an agreement with the United States Department of Agriculture to
use the existing federal Food Stamp Program coupons for the purposes
of administering this program.  Persons who are members of a
household receiving food stamp benefits under this chapter or under
Chapter 10 (commencing with Section 18900), and are receiving
CalWORKs benefits under Chapter 2 (commencing with Section 11200) of
Part 3 on September 1, 1998, shall have eligibility determined under
this chapter without need for a new application no later than
November 1, 1998, and the beginning date of assistance under this
chapter for those persons shall be September 1, 1998.
   (b) (1) Except as provided in paragraphs (2), (3), and (4) and
Section 18930.5, noncitizens of the United States shall be eligible
for the program established pursuant to subdivision (a) if the person'
s immigration status meets the eligibility criteria of the federal
Food Stamp Program in effect on August 21, 1996, but he or she is not
eligible for federal food stamp benefits solely due to his or her
immigration status under Public Law 104-193 and any subsequent
amendments thereto.
   (2) Noncitizens of the United States shall be eligible for the
program established pursuant to subdivision (a) if the person is a
battered immigrant spouse or child or the parent or child of the
battered immigrant, as described in Section 1641(c) of Title 8 of the
United States Code, as amended by Section 5571 of Public Law 105-33,
or if the person is a Cuban or Haitian entrant as described in
Section 501(e) of the federal Refugee Education Assistance Act of
1980 (Public Law 96-122).
   (3) An applicant who is otherwise eligible for the program but who
entered the United States on or after August 22, 1996, shall be
eligible for aid under this chapter only if he or she is sponsored
and one of the following apply:
   (A) The sponsor has died.
   (B) The sponsor is disabled as defined in subparagraph (A) of
paragraph (3) of subdivision (b) of Section 11320.3.
   (C) The applicant, after entry into the United States, is a victim
of abuse by the sponsor or the spouse of the sponsor if the spouse
is living with the sponsor.
   (4) An applicant who is otherwise eligible for the program but who
entered the United States on or after August 22, 1996, who does not
meet one of the conditions of paragraph (3), shall be eligible for
aid under this chapter for the period beginning on October 1, 1999,
and ending September 30, 2001.
   (5) The applicant shall be required to provide verification that
one of the conditions of subparagraph (A), (B), or (C) have been met.

   (6) For purposes of subparagraph (C) of paragraph (2), abuse shall
be defined in the same manner as provided in Section 11495.1 and
Section 11495.12.  A sworn statement of abuse by a victim, or the
representative of the victim if the victim is not able to competently
swear, shall be sufficient to establish abuse if one or more
additional items of evidence of abuse is also provided.  Additional
evidence may include, but is not limited to, the following:
   (A) Police, government agency, or court records or files.
   (B) Documentation from a domestic violence program, legal,
clinical, medical, or other professional from whom the applicant or
recipient has sought assistance in dealing with abuse.
   (C) A statement from any other individual with knowledge of the
circumstances that provided the basis for the claim.
   (D) Physical evidence of abuse.
   (7) If the victim cannot provide additional evidence of abuse,
then the sworn statement shall be sufficient if the county makes a
determination documented in writing in the case file that the
applicant is credible.
   (c) In counties approved for alternate benefit issuance systems,
that same alternate benefit issuance system shall be approved for the
program established by this chapter.
   (d) (1) To the extent allowed by federal law, the income,
resources, and deductible expenses of those persons described in
subdivision (b) shall be excluded when calculating food stamp
benefits under Chapter 10 (commencing with Section 18900).
   (2) No household shall receive more food stamp benefits under this
section than it would if no household member was rendered ineligible
pursuant to Title IV of Public Law 104-193 and any subsequent
amendments thereto.
   (e) This section shall become operative on September 1, 1998.
  SEC. 54.  Section 18938 of the Welfare and Institutions Code is
amended to read:
   18938.  (a) (1) Subject to paragraphs (2) and (3), an individual,
upon application, shall be eligible for the program established
pursuant to Section 18937 if his or her immigration status meets the
eligibility criteria of the Supplemental Security Income/State
Supplementary Program for the Aged, Blind, and Disabled (SSI/SSP) in
effect on August 21, 1996, but he or she is not eligible for SSI/SSP
benefits solely due to his or her immigration status under Title IV
of Public Law 104-193 and any subsequent amendments thereto.
   (2) An applicant who is otherwise eligible for the program, but
who entered the United States on or after August 22, 1996, shall be
eligible for aid under this chapter only if he or she is sponsored
and one of the following conditions is met:
   (A) The sponsor has died.
   (B) The sponsor is disabled, as defined in subparagraph (A) of
paragraph (3) of subdivision (b) of Section 11320.3.
   (C) The applicant, after entry into the United States, is a victim
of abuse by the sponsor or the spouse of the sponsor if the spouse
is living with the sponsor.
   (3) An applicant who is otherwise eligible for the program but who
entered the United States on or after August 22, 1996, and who does
not meet one of the conditions of paragraph (2) shall be eligible for
aid under this chapter for the period beginning on October 1, 1999,
and ending on September 30, 2001.
   (4) The applicant shall be required to provide verification that
one of the conditions of subparagraphs (A), (B), or (C) of paragraph
(2) has been met.
   (5) (A) For purposes of subparagraph (C) of paragraph (2), abuse
shall be defined in the same manner as provided in Section 11495.1
and Section 11495.12.  A sworn statement of abuse by a victim, or the
representative of the victim if the victim is not able to
competently swear, shall be sufficient to establish abuse if one or
more additional items of evidence of abuse is also provided.
Additional evidence may include, but is not limited to, the
following:
   (i) Police, government agency, or court records or files.
   (ii) Documentation from a domestic violence program, legal,
clinical, medical, or other professional from whom the applicant or
recipient has sought assistance in dealing with abuse.
   (iii) A statement from any other individual with knowledge of the
circumstances that provided the basis for the claim.
   (iv) Physical evidence of abuse.
   (B) If the victim cannot provide additional evidence of abuse,
then the sworn statement shall be sufficient if the county makes a
determination documented in the case file that the applicant is
credible.
   (b) The department shall periodically redetermine the eligibility
of each individual.
   (c) The department shall take all steps necessary to qualify any
benefits paid under this section to be eligible for reimbursement as
federal Interim Assistance including requiring a repayment agreement.

  SEC. 55.  Article 3.5 (commencing with Section 18959) is added to
Chapter 11 of Part 6 of Division 9 of the Welfare and Institutions
Code, to read:

      Article 3.5.  Juvenile Crime Prevention

   18959.  There is hereby established, under the direction of the
Office of Child Abuse Prevention, a Juvenile Crime Prevention
Program.  The program shall consist of up to 16 sites throughout the
state, which shall provide juvenile crime prevention services.
   18959.1.  (a) Sites funded pursuant to this article shall be
selected through a competitive process established by the Office of
Child Abuse Prevention.  Criteria to be considered in this
competitive process shall include, but not be limited to, a
demonstrated ability to provide services that are related to juvenile
crime.
   (b) For the 2000-01 fiscal year, the Office of Child Abuse
Prevention shall continue to fund the 12 sites that are currently
providing juvenile crime prevention services until new contracts are
entered into pursuant to the completion of the competitive process
required by subdivision (a).
   (c) Funding for this program is subject to appropriation in the
annual Budget Act.
   18959.2.  This article shall become inoperative on September 1,
2003, and as of January 1, 2004, is repealed, unless a later enacted
statute that becomes operative on or before January 1, 2004, deletes
or extends the dates on which it becomes inoperative and is repealed.

  SEC. 56.  Section 19352 of the Welfare and Institutions Code is
amended to read:
   19352.  As used in this chapter:
   (a) "Habilitation services" means those community-based services
purchased or provided for adults with developmental disabilities
including work activity and supported employment, to prepare and
maintain them at their highest level of vocational functioning, or to
prepare them for referral to vocational rehabilitation services.
   (b) "Individual program plan" means the overall plan developed by
a regional center pursuant to Section 4646.
   (c) "Individual habilitation component" means the plan developed
for each eligible individual for whom services are purchased under
this chapter.
   (d) "Department" means the Department of Rehabilitation.
   (e) "Work-activity program" includes, but is not limited to,
sheltered workshops or work-activity centers, or community-based work
activity programs accredited under departmental regulations.
   (f) "Habilitation team" means a group, which shall be established
for each work-activity program or supported employment services,
which shall be composed of the following members:
   (1) The regional center case manager.
   (2) The work-activity or supported employment program
case-responsible individual.
   (3) A habilitation specialist designated by the department.
   (4) The work-activity or supported employment program consumer,
and where appropriate, his or her parent, legal guardian, or
conservator and any other individual named by the consumer.
   (5) In cases where the work-activity or supported employment
consumer is also a vocational rehabilitation consumer, the vocational
rehabilitation counselor.
   (g) "Work-activity program day" means the period of time during
which a work-activity program provides services to clients.
   (h) "Full day of service" means, for purposes of billing, a day in
which the consumer attends a minimum of the declared and approved
work-activity program day, less 30 minutes, excluding the lunch
period.
   (i) "Half day of service" means, for purposes of billing, (1) all
days of attendance in which the consumer's attendance does not meet
the criteria for billing for a full day of service as defined in
subdivision (h), and (2) the consumer attends the work activity
program not less than two hours excluding the lunch period.
   (j) "Supported employment program" means a program which meets the
requirements of Sections 19356.6 and 19356.7.
   (k) "Consumer" means any individual who receives services
purchased under this chapter.
   (l) "Consumer with special needs" means any individual who needs
an enriched program of services due to multiple disabling conditions
or other unique needs of the consumer which include, but shall not be
limited to, mobility impairments, blindness, deafness, or
psychiatric impairment.
   (m) "Accreditation" means a determination of compliance with the
set of standards appropriate to the delivery of services by a
work-activity program or supported employment program, developed by
the CARF--The Rehabilitation Accreditation Commission, and applied by
the commission or the department.
   (n) "Direct service professional" means a staff member within a
work activity program who deals directly with the client, including
activities such as supervision, training, counseling, and teaching.

  SEC. 57.  Section 19356 of the Welfare and Institutions Code is
amended to read:
   19356.  (a) The department shall adopt regulations to establish
rates for work-activity program services subject to the approval of
the Department of Finance.  The regulations shall provide for an
equitable ratesetting procedure in which each specific allowable
service, activity, and provider administrative cost comprising an
overall habilitation service, as determined by the department,
reflects the reasonable cost of service.  Reasonable costs shall be
determined biennially by the department, subject to audit at the
discretion of the department.
   (b) It is the intent of the Legislature that, commencing July 1,
1996, the department establish rates for both habilitation services
and vocational rehabilitation work-activity programs pursuant to
subdivision (a).  Nothing in this subdivision shall preclude the
subsequent amendment or adoption of regulations pursuant to
subdivision (a).
   (c) The department shall, for each work activity program,
calculate the value of wages, benefits, and wage related costs for
all direct service professionals correctly reported on the 1998-99
Habilitation Services Ratesetting Manual Form D, lines 11-15,
excluding fundraising, administration, all nonwork activity program,
and transportation columns.
   (d) Subject to the appropriation of funds in the 2000-01 Budget
Act for this purpose, the department shall increase the rates for
each work activity program for services provided on and after
September 1, 2000, by multiplying the calculation made pursuant to
subdivision (c) by the appropriate percentage and dividing it by the
total days correctly reported on the 1998-99 Habilitation Services
Ratesetting Manual Form H, line 12.
   (e) The maximum daily rate for a work activity program established
pursuant to the Habilitation Services Ratesetting Manual shall be
adjusted to the degree necessary to accommodate the full value of the
wage passthrough rate increase calculated pursuant to subdivision
(d).
   (f) Each work activity program receiving a rate increase pursuant
to subdivision (d) shall certify to the department that these funds
shall be used only to increase wages, benefits, and wage related
costs for direct service professionals, and not to fund other staff
or for any other purpose.
   (g) The department shall, in the course of its normal audit
process, verify that the funds allocated for this purpose have been
used only to adjust wages, benefits, and wage related costs for
direct service
professionals, and not to fund other staff or for any other purpose.

  SEC. 58.  Section 19356.65 is added to the Welfare and Institutions
Code, to read:
   19356.65.  Notwithstanding any other provision of law and except
as provided in Section 19533.5, the hourly rate for supported
employment services shall be twenty-eight dollars and thirty-three
cents ($28.33) effective July 1, 2000.
  SEC. 59.  Section 19806 of the Welfare and Institutions Code is
amended to read:
   19806.  (a) An independent living center shall not be required to
provide any matching funds through private contributions as a
condition of receiving state funds except to acquire state incentive
funds.
   (b) Each independent living center, except those centers which
have been both established and maintained using federal funding under
Title VII(c) of the federal Rehabilitation Act of 1973 as amended as
their primary base grant, as determined by the department, shall
receive to the extent funds are appropriated by the Legislature, at
least two hundred thirty-five thousand dollars ($235,000) in base
grant funds allocated by the department.  The department shall
allocate to those centers with Title VII(c) base grant funds of less
than two hundred thirty-five thousand dollars ($235,000) an amount
that, when combined with the Title VII(c) grant, equals two hundred
thirty-five thousand dollars ($235,000).
   (c) State funds may be replaced by reimbursements under the
Supplemental Security Disability Insurance and the Supplemental
Security Income programs provided for under Titles II and XVII of the
Federal Social Security Act, Subchapter II (commencing with Section
401) and Subchapter XVII (commencing with Section 1381) of Chapter 7
of Title 42 of the United States Code to the extent appropriated by
the Legislature and allocated by the department to independent living
centers under this chapter.  Beginning with the 1998-99 fiscal year,
and each year thereafter, to the extent these funds from the Social
Security Act are not appropriated by the Legislature as were
appropriated in the 1997-98 fiscal year, an amount equal to the
combined state and federal fund allocation to independent living
centers in the Budget Act of 1997 shall be appropriated to, and
allocated by, the department to independent living centers under this
chapter.
   (d) (1) Available state incentive funds shall be allocated at the
beginning of each fiscal year based upon the average amount of
private contributions received by the independent living center in
the second and third preceding fiscal years.
   (2) The maximum amount of incentive funds that may be allocated to
any independent living center in any single fiscal year shall be
computed as follows:
   (A) "Pool One" is defined as 60 percent of all state incentive
funds.  "Pool Two" is defined as 40 percent of all state incentive
funds.  Each independent living center shall be entitled to an equal
portion of Pool One, not to exceed the amounts raised pursuant to
paragraph (1).
   (B) Incentive funds from Pool One not used after the initial
allocation pursuant to subparagraph (A) shall be added to Pool Two
for allocation among all centers that had unmatched private
contributions after distribution of Pool One funds.  Pool Two funds
shall be awarded in direct proportion to each center's percentage of
the total remaining unmatched private contributions raised by those
independent living centers.
   (3) For the purpose of determining eligibility for state incentive
funds, any independent living center that uses a fiscal year other
than the state fiscal year may elect to use a different fiscal year
so long as the closing date of the fiscal year so elected does not
precede the closing date of the equivalent state fiscal year by more
than 11 months.
   (4) The amount of private contributions claimed by an independent
living center for each fiscal year shall be verified by the
department by utilizing appropriate financial records including, but
not limited to, independent audits.  Audits may be performed by the
department up to three years from the close of the fiscal year during
which state incentive funds were received by the independent living
center being audited.
   (5) State incentive funds that are not distributed to independent
living centers shall not be allocated or retained by the department
for distribution as state incentive funds in later fiscal years.
   (e) For purposes of this section:
   (1) "Private funds" does not include any funds originating from
any entity of the federal, state, city, or county government or any
political subdivision thereof.  Notwithstanding the provisions of
this section, fees from any source for services provided may be
included as private contributions by an independent living center for
purposes of determining its allocation of incentive funds.
   (2) "State incentive funds" means state funds appropriated by the
Legislature for purposes of this chapter, except those funds
allocated by the department pursuant to subdivisions (b) and (g) of
this section.
   (f) Any funds allocated under this chapter to any independent
living center, other than as part of the initial allocation for each
fiscal year, shall be made by contract amendment.  Any contract
amendment shall require the provision of services in addition to
those required by the contract being amended.  All those services
required by contract amendment shall not be performed prior to the
date the contract amendment is approved by the state.
   (g) To the extent funds are appropriated by the Legislature for
the purpose of providing assistive technology services described in
subdivision (d) of Section 19801, those funds shall be allocated
equally among independent living centers, with an equal amount to be
granted to the nonprofit contractor selected by the Department of
Rehabilitation to implement the federal Assistive Technology Act of
1998 (P.L. 105-394).  The nonprofit contractor shall provide
statewide assistive technology information and referral and serve as
a resource to the independent living centers' assistive technology
service programs.
   (h) To the extent funds are appropriated by the Legislature, after
allocation of base grant and incentive funds and assistive
technology funds, remaining funds shall be allocated by the
department among independent living centers on the basis of the ratio
of the total of the general population in an independent living
center's geographic service areas as compared to the total of the
general population in all independent living centers geographic
services area statewide.  The department shall adopt regulations for
the distribution of population funds by June 30, 1999.
  SEC. 59.5.  Notwithstanding Section 9112 of the Welfare and
Institutions Code, the California Department of Aging shall allocate
funds through the Budget Act of 2000 for expansion of information and
assistance programs proportionately among area agencies on aging
based upon their project senior populations 60 years of age and older
as of July 1, 2000.
  SEC. 61.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
  SEC. 62.  This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect.  The facts constituting the necessity are:
   In order to timely implement this act for the entire 2000-01
fiscal year, it is necessary that this act take effect immediately.
